TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.23 application for award variation

Australian Mines and Metals Association (Incorporated)
(T6132 of 1996)

TEMCO ENTERPRISE AWARD

Award variation - wage rates - classifications and payments - consent matter - award varied - operative ffpp 6 June 1996

REASONS FOR DECISION

In its decision, arising out of application T5939 of 1995, the Commission changed the title and scope of the Ferro Alloys Award, which resulted in it becoming a single enterprise award -

... established in respect of the business of producing electrically smelted alloys and manganese products by the Tasmanian Electro Metallurgical Company Pty Ltd at its plant at Bell Bay, Tasmania.

This enterprise is also a party to an industrial agreement filed with the Commission, and known as the TEMCO Workplace Agreement 1994 1.

That agreement, which operates alongside the award, currently regulates classification grading and salaries and it also includes a number of conditions of employment.

This application, lodged by the Australian Mines and Metals Association (Incorporated), was for the purpose of varying the TEMCO Enterprise Award to include the salaries and classification standards (with some minor amendments) that currently apply to employees of TEMCO via the TEMCO Workplace Agreement 1994, thus establishing a new base upon which any future enterprise bargaining might take place.

The application came before the Commission as a consent matter and as the award only applies to a single employer I am of the view that no harm is done by including the salary rates and conditions contained in the agreement in this award.

During the course of the hearing the Commission indicated to the parties that any Order arising out of this matter would be in a form approved by the Commission in keeping with its desire to have a uniform format for all awards.  This was not opposed by any of the parties to the hearing.

As a result, the Order arising out of this decision is attached and will be operative from the first full pay period to commence on or after 6 June 1996.

R J Watling

COMMISSIONER

Appearances:
Mr S Knott for the Australian Mines and Metals Association (Incorporated)
Mr J Glisson for The Australian Workers’ Union, Tasmania Branch
Mr K Becker for the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing And Allied Services Union Of Australia
Mr M Hill for the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union

Date and place of hearing:
1996
June 6
Hobart