T6140
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 The Australian Workers' Union, Tasmania Branch
Making of new award - Metalliferous Mining and Processing Award - title - scope - application approved - not operative REASONS FOR DECISION This was an application for the making of a Metalliferous Mining and Processing Award (the Award). The application was made by The Australian Workers' Union, Tasmania Branch (the AWU). The application sought only the first two clauses of the Award, the Title and Scope clauses. Clause 1 - Title, was to be: "Metalliferous Mining and Processing Award" and Clause 2 - Scope, was to read as follows: "This award is established in respect of the industry of metalliferous mining, dredging, sluicing or other means of obtaining metallic minerals and/or the treatment of those minerals." The AWU pointed out to the Commission that the impetus for the application arose out of the increased mining activity in Tasmania, especially in the West Coast area, and the fact that some of the new mines were not regulated by award coverage which the AWU considered desirable and necessary. The Commission was advised that the parties had been negotiating for some time and it was proposed that the Award would only come into operation when all clauses had been settled and the scope clause in the Pasminco Rosebery (Mining) Award had been amended simultaneously to provide for that award to become an enterprise award in accordance with Section 33(1)(b) of the Industrial Relations Act 1984. The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Construction, Forestry, Mining and Energy Union, Tasmanian Branch were all granted intervention and confirmed and supported the submissions of the AWU. The Australian Mines and Metals Association (Incorporated) was not present at the hearing, but, by letter dated 12 April 1996, had advised the Commission that it had no objection to the application. I am satisfied that the granting of the application is not against the public interest, it does not contravene the requirements of the Act nor does it go against the Guidelines of the Commission. The application is approved: the order implementing this decision will provide for the Award not to commence until the scope of the Pasminco Rosebery (Mining) Award is varied appropriately. An order reflecting this decision is attached.
P A Imlach Appearances: Date and place of hearing: |