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Tasmanian Industrial Commission

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T5315

 

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.29 application for hearing of an industrial dispute

Coles Supermarkets Australia Pty Ltd
(T.5315 of 1994)

and

Shop Distributive and Allied Employees Association,
Tasmanian Branch

 

COMMISSIONER R J WATLING

HOBART, 15 December 1994

Industrial dispute - enterprise bargaining - strike action - recommendation

REASONS FOR DECISION

This application, lodged by Coles Supermarkets Australia Pty Ltd (the employer), pursuant to section 29 of the Act, was for the purpose of settling an industrial dispute between the employer and the Shop Distributive and Allied Employees Association, Tasmanian Branch (the union).

The details of the dispute as outlined in the application are as follows -

  • "Coles Supermarkets Australia Pty Ltd operates a distribution centre warehouse at Garfield Street in Launceston.

  • Coles employees at the above distribution centre are covered by the Retail Trades Award. However, the Company and the Shop Distributive and Allied Employees Association, tasmanian (sic) branch, have a current unregistered agreement which provides certain terms and conditions and rates of pay for the employees working at the Launceston distribution centre.

  • The unregistered agreement is to be reviewed and the company and union have met on one occasion on Tuesday, 13th December 1994 to consider the review of the rates of pay and conditions under the agreement.

  • Following the meeting on 13th December SDA members rejected the Company proposal for a wage increase and demanded a 15 per cent wage increase with no productivity offsets.

  • On Wednesday, 14th December the employees held a mass meeting and rejected a subsequent Company offer and decided to take indefinite strike action.

  • At this stage the employees have scheduled no further meetings to consider a return to work.

  • The effect of the strike is that Coles is unable to supply produce to its stores and there will be significant shortages of stock in Coles stores unless there is an immediate resumption of normal duties."

The union has been negotiating an enterprise agreement with the employer which is a perfectly legitimate pursuit. However, any proposed agreement must be consistent with the continuing implementation, at the enterprise level, of the Structural Efficiency Principle, thus ensuring that existing structures are relevant to modern competitive requirements of the enterprise and are in the best interests of both employers and employees.

It should also be noted that any increases in wage rates arising out of enterprise bargaining must be based on the actual implementation of efficiency measures designed to effect real gains in productivity.

Given the foregoing it is my strong recommendation -  

1.  that all employees at the employer's Launceston distribution centre, who are currently involved in strike action, return to work at the earliest possible opportunity without the imposition of any bans or limitations, and

2.  the employer and the union recommence negotiations with a view to finalising their enterprise bargaining agreement.

If (1) and (2) above are adopted and if the parties fail to reach their mutual objectives, the Commission will, at the request of either party, undertake a conciliation and/or facilitation role to assist them in reaching agreement.

To that end the Commission will reconvene at 2.15pm on Monday, 19 December, 1994, at which time the parties will be expected to report progress on their negotiations.

In view of the comments made by the employer during the course of this hearing I would expect every attempt be made to resolve the dispute prior to the resumption of this hearing.

 

R J Watling
COMMISSIONER

Appearances:
Mr M O'Shaughnessy with Mr G Littlejohn for Coles Supermarkets Australia Pty Ltd.
Miss E Dooley for the Shop Distributive and Allied Employees Association, Tasmanian Branch.

Date and place of hearing:
1994
December 15
Hobart