TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.23 application for award or variation of award

Tasmanian Chamber of Commerce and Industry Limited
(T.5389 of 1995)

CEMENT MAKERS AWARD

Award variation - hours of work

REASONS FOR DECISION

In this matter the Tasmanian Chamber of Commerce and Industry Limited (TCCI) sought to vary the Cement Makers Award to introduce 12 hours shift work for Continuous Shiftworkers referred to in subclause 21(c) of the award.

Mr Watson for the TCCI submitted that the application was made to support an approach by employees in the Central Control Room who wished to trial 12 hour shifts. The arrangements negotiated with the AWU-FIME Amalgamated Union, Tasmania Branch (AWU-FIME) were that the trial period would be for 12 months but that employees would have an option to opt out after an initial period of 3 months. Subsequently a 3 month notice period to revert to existing shift arrangements would be regarded by Goliath to be desirable, however a lesser period would be considered by it. Mr Watson also indicated that in the event other employees, beyond those involved in the present trial, wished to work 12 hour shifts then prior discussions would be held with the union(s) involved. The thrust of Mr Watson's submissions were that employees would not be compelled to work 12 hour shifts if agreement was not able to be achieved beforehand.

The intention of the application was to introduce the capacity for 12 hour shifts for continuous shiftworkers where this was able to be achieved by agreement only, and for the variation to continue beyond the 12 month trial period if that was in keeping with the wishes of those working in accordance with that arrangement. If after the expiry of the trial period 12 hour shiftwork is no longer favoured then Goliath would support an application for the variation of the award to reflect previous roster arrangements i.e. the existing award provision prior to the variation to 12 hour shifts.

In all of the circumstances the award will be varied to provide in subclause 21(c) for 12 hour continuous shift work. The operative date will be from 1 March 1995. The order is attached.

R K GOZZI
COMMISSIONER

Appearances:
M Watson for the Tasmanian Chamber of Commerce and Industry Limited
G Cooper for the AWU-FIME Amalgamated Union, Tasmania Branch
M Hill for the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union
K Becker for the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
Ms D Moncrief for the Construction, Forestry, Mining and Energy Union, Tasmanian Branch

Date and Place of Hearing:
1995
Hobart
March 7