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T9482

 

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.23 application for award or variation of award

Australian Mines and Metals Association (Incorporated)
(T9482 of 2001)

METALLIFEROUS MINING AND PROCESSING AWARD

 

COMMISSIONER P A IMLACH HOBART, 29 May 2001

Award variation - Clause 5 Award Interest - application granted - operative 22/5/01

REASONS FOR DECISION

This was an application made under section 23(1) of the Industrial Relations Act 1984 (the Act) by the Australian Mines and Metals Association (Incorporated) (the AMMA) for a variation to be made to the Metalliferous Mining and Processing Award (the award).

The application sought to provide a full range of wages and conditions for the industry covered by the scope of the award which, as at the date of hearing, only provided for title and scope.

Apart from the matter of award interest, the parties were not in a position to agree on any further variation to the award as it stood, nor were they in a position to proceed to arbitration on the other matters in the application.

On the basis that interest in the award had already been granted to a number of parties some time previously, the parties agreed that the award should be varied to reflect those previous decisions1. The parties also agreed that the operative date should be one and the same for all interest rather than the separate retrospective dates for each case.

The Commission has been anxious for some time that the award should reflect the interests granted in 1997 and, as this is the first application to seek such a prescription in the award since that time and not being contrary to the Principles of the Commission and being in the public interest, the agreed variation is approved operative from 22 May 2001.

An order is attached.

 

P A Imlach
COMMISSIONER

Appearances:
Mr W FitzGerald (23/4/01, 22/5/01), Mr I Masson (23/4/01), Australian Mines and Metals Association (Incorporated), with Mr D Buscall (23/4/01).
Mr R Flanagan (23/4/01, 22/5/01), The Australian Workers' Union, Tasmania Branch.
Mr G Cooper (22/5/01), Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union.
Mr K Becker, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

Dates and place of hearing:
2001
April 23
May 22
Hobart

1 T6728 of 1997, T6811 of 1997, T6841 of 1997 and T6900 of 1997.