TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.55 application for filing an industrial agreement

United Milk Tasmania Limited

and

National Union of Workers, Tasmanian Branch

and

The Australian Workers' Union, Tasmania Branch

(T8537 of 1999)

UMT INDUSTRIAL AGREEMENT 1999

Industrial agreement - application approved - operative date ffpp 1 July 1999

REASONS FOR DECISION

This matter comprises a joint application to the Acting Registrar by United Milk Tasmania Ltd, the National Union of Workers, Tasmanian Branch (NUW) and The Australian Workers' Union, Tasmania Branch (AWU) for filing of the UMT Industrial Agreement 1999. The parties sought the Commission's approval of the agreement pursuant to Section 55(4) of the Act.

When the matter came on for hearing in Launceston on Monday 13 September 1999 Mr A Flood appeared for UMT and Mr D Hayes appeared for AWU and NUW.

The parties informed me that both unions comprised a single bargaining unit, reflecting the approach first adopted in 1998, when the two employee organisations and the employer negotiated a sole enterprise agreement to regulate their workplace relations. The current agreement, if approved, will replace the existing agreement which, as to its expressed period of operation, expired on 30 June 1999.1 The parties intend to retire from that agreement.

The parties submitted that their agreement is in the public interest and complies with the requirements of the current wage fixing principles. In that regard, the more significant efficiency measures and employee benefits negotiated by them include:

• The life of the current agreement encompasses a period of three years (past practice was one year agreements), which I understand conveys a budgetary advantage to UMT.

• Annual wage rate increases of 5 percent to apply from 1 July 1999, 1 July 2000 and 1 July 2001 respectively.

• Saturday penalty rates for shift workers have been standardised over a full year at time and one half for the first three hours and double time thereafter. The provision for day workers remains unchanged at time and one half for the first two hours and double time thereafter.

• Provision for redundancy payments, which reflect the current standard in operation across the whole of the parent Company's activities.2

• Seasonal employees will now have the opportunity to be considered for traineeship positions.

• Updated efficiency measures in the form of key performance indicators that directly relate to 1999 and 2000 corporate goals and objectives.

Having read the document and after taking into account the parties' explanations, I am satisfied that the agreement complies with the requirements of the current Wage Fixing Principles and contains no provision that offends the more general public interest requirements of Section 36 of the Act. Having regard to the parties' submissions I announced at the end of the hearing that I would approve the agreement with effect from 1 July 1999 until 1 July 2002. These Reasons for Decision confirm that oral decision.

I now return the agreement to the Acting Registrar for registration in accordance with Section 56 of the Act.

B R Johnson
DEPUTY PRESIDENT

Appearances:
Mr D Hayes for The Australian Workers' Union, Tasmania Branch and the National Union of Workers, Tasmanian Branch.
Mr A Flood of the Tasmanian Chamber of Commerce and Industry Limited for United Milk Tasmania Limited.

Date and Place of Hearing:
1999
September 13
Launceston

1 T8023 of 1998.
2 Bonlac Foods Ltd.