TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
55 application for the filing of an industrial agreement

TEMCO
(T6600 of 1996)

The Australian Workers' Union, Tasmania Branch

Communications, Electrical, Electronic, Energy, Information,
Postal, Plumbing and Allied Services Union of Australia

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

and

Construction, Forestry, Mining and Energy Union, Tasmanian Branch

TEMCO WORKPLACE AGREEMENT 1996

Industrial agreement - agreement approved - operative from 17 Aug 96 - forwarded to Registrar for registration

REASONS FOR DECISION

This was an application made jointly to the Registrar under Section 55 of the Act by The Australian Workers' Union, Tasmania Branch (the AWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU), The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (the AMWU), the Construction, Forestry, Mining and Energy Union, Tasmanian Branch (the CFMEU) and Tasmanian Electro Metallurgical Company Pty Ltd of Bell Bay (TEMCO) for the filing of an industrial agreement: it was referred to the Commission for approval.

The agreement was to be known as the TEMCO Workplace Agreement 1996 (the Agreement).

The Australian Mines and Metals Association (Incorporated) (the Association) made submissions seeking approval of the Agreement.

The Association reminded the Commission that the Agreement had been preceded by a number of previous agreements and supported by an appropriate award of the Commission. The latest award covering the operations of TEMCO, the TEMCO Enterprise Award was first made to operate from 17 August 19921 and was re-titled (from the title Ferro Alloys Award) from 12 December 19952.

The last relevant agreement registered with the Commission under Section 55 of the Act, was the TEMCO Workplace Agreement 19943.

The Agreement was the culmination of a long period of negotiations through the TEMCO Joint Consultative Committee which was established for that specific purpose.

The Agreement was to operate for a period of three years from the beginning of the first pay period to commence on or after 17 August 1996.

The terms of the Agreement were canvassed by the Association and they included the following changes from previous arrangements:

• References to possible demarcation situations were deleted.

• Provisions for contractors were made much simpler and more flexible.

• With the onus placed more on the work group concept many detailed provisions were dropped.

• Safety and international competitiveness factors were expanded and improved.

• The wages system had been reviewed and the new arrangements, which provided for increases in consideration of the efficiencies and improvements introduced by the Agreement, contained elements of Safety grading, production performance, cost reduction and an international performance component.

• The classification grading for all employees had been rationalised to provide an unhindered career path.

The Association submitted that the Guidelines of the Commission had been met in that the offsets involved justified the added payments. Because of the positive nature of the Agreement and the stability and on-going commitment it encouraged from all parties the Association submitted that its approval was not against the public interest requirements of the Act especially as it contributed to the economy and employment in Tasmania.

The AWU and the CFMEU noted the changes brought about by the Agreement, the formal acceptance and goodwill of the employees involved and in requesting approval for the Agreement, endorsed the submissions of the Association especially relating to the Guidelines of the Commission and the Public Interest requirements.

I am satisfied that the Agreement is in accordance with the Guidelines of the Commission and its approval is not against the Public Interest as specified in Section 36 of the Industrial Relations Act 1984.

The Agreement is approved: it will be returned to the Registrar for registration in accordance with Section 56 of the Industrial Relations Act 1984.

P A Imlach
COMMISSIONER

Appearances:
Mr I Masson with Ms L Van Jager for TEMCO
Mr J Long with Mr G McCreghan for The Australian Workers' Union, Tasmania Branch
Mr P Baker with Mr R Scott for The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union
Mr M Cordwell with Mr C Hines for Construction, Forestry, Mining and Energy Union, Tasmanian Branch

Date and place of hearing:
1996
November 29
Hobart

1 T3609 of 1992
2 T5939 of 1995
3 T5481 of 1995