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Tasmanian Industrial Commission

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T6490 and T6542

 

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s29 application for hearing of an industrial dispute

The Automotive, Food, Metals, Engineering,
Printing and Kindred Industries Union

(T6490 of 1996)

The Community and Public Sector Union
(State Public Services Federation Tasmania)

(T6542 of 1996)

and

Minister for Industrial Relations

Department of Vocational Education and Training

Tasmania Development and Resources

 

COMMISSIONER P A IMLACH

24 December 1996

Industrial dispute - ongoing employment at Centre for Precision Technology

INTERIM DECISION

These two applications which were joined at the outset, were for a dispute hearing under Section 29 of the Act. They were made by The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (the AMWU) and The Community and Public Sector Union (State Public Services Federation Tasmania) (the CPSU) respectively.

The two unions were in dispute with the Tasmania Development and Resources (the TDR) over the alleged uncertain future of employees of the TDR at the Centre for Precision Technology, Glenorchy (the Centre). The alleged uncertainty arose following proposals to restructure the TDR which included divesting it of any further responsibility for the operation of the Centre.

To date, the matters have been before the Commission three times, but, it was only at the last hearing1, that the Commission was requested to intervene and make an order. The two earlier hearings were adjourned at the request of the parties so that further discussions could continue aimed at a mutual settlement.

It was no secret that as from 1 January 1997 the employees concerned were to come under the administration of the Department of Vocational Education and Training (DVET). There was no objection raised before the Commission by the two unions to the proposed transfer: the dispute related more to the manner of the transfer and the compensation, if any, to those employees proven to have been disadvantaged by the changeover.

It is important to note that the last hearing was held the next working day after a decision by the President of the Commission, in matter T6642 of 1996 which, in particular, ordered the TDR to postpone the planned restructuring of its main operations until 31 January 1997. The two unions in these matters urged the Commission to adopt the same view and issue an order in the same terms. Ultimately all parties before the Commission in these matters were agreed that jurisdiction lay with the Commission as constituted and an independent decision on these applications ought to be made.

At the last hearing, which was brought on at the request of the AMWU, the Commission was requested to issue an order to the effect that the date of transfer of the employment of all employees at the Centre be postponed till 31 January 1997 to enable outstanding issues to be resolved. The AMWU also requested that the parties be required to draw up a deed of memorandum specifying the matters to be resolved prior to the postponed transfer date and that the parties report back to the Commission on or before that date.

The DVET acknowledged that some issues were unresolved, but, submitted that the passing of the transfer date did not preclude further discussion and settlement concerning them.

The TDR and the DVET opposed any delay in the proposed transfer date, the DVET in particular, saying it was a Government decision to set the date of transfer and that should not be interfered with.

The Minister for Industrial Relations was of the view that these matters were quite separate and different to those involved in matter T6642 of 1996 and as such any order by the Commission as constituted in these matters was clearly in jurisdiction and as a result a separate and different order to that issued in matter T6642 of 1996 was required, if at all. The Minister urged caution in extending the proposed date of transfer citing Section 31(2)(a) of the Industrial Relations Act 1984 and the likelihood that the transfer decision was an instance involving that Section.

Decision

At this stage I decline to issue an order as requested. I accept the submissions of the DVET and the Minister for Industrial Relations that the Government's decision to transfer employees at the Centre from 1 January 1997 ought not be interfered with. I accept and endorse the submissions of the DVET that the issues involved will still be open for negotiation and settlement after the date of transfer: the Commission would add that the issues will remain to be arbitrated if that be required.

As advised at the last hearing, these applications are adjourned sine die and the Commission will make no further comment to ensure that the negotiations between the parties may continue without prejudice. The Commission is ready, however, to bring on the hearing again, at short notice, should any of the parties so request, in particular, one or both of the two unions.

The Commission is prepared to see these matters through even to be extent of reviewing the ultimate decision of the DVET in respect of each employee involved, if necessary.

The AMWU's request for a deed of memorandum specifying the issues for settlement bears merit. I recommend that the AMWU initiate a list of the issues requiring resolution and present it to the DVET. The Commission would be pleased to receive, within a reasonable time, an agreed document setting out the issues for resolution.

 

P A Imlach
COMMISSIONER

Appearances:
Mr P Baker with Mr A Muthy (1 October 1996) for The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union
Mr C Willingham (1 October 1996) with Ms P Wheller for the Tasmania Development and Resources
Mr R J Miller (1 October 1996) and Ms S Strugnell (9 December 1996, 23 December 1996) for The Community and Public Sector Union (State Public Services Federation Tasmania)
Ms S Gregg (9 December 1996, 23 December 1996) for the Department of Vocational Education and Training
Mr C Willingham (23 December 1996) for the Minister for Industrial Relations

Date and place of hearing:
1996
October 1
December 9, 23
Hobart

1 Hearing held 2.15 pm, Monday 23 December 1996, Lyndhurst