T10779, T10794 and T10804
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 The Australian Workers' Union, Tasmania Branch Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union Australian Mines and Metals Association (Incorporated) IMPACT FERTILISERS ENTERPRISE AWARD
Making of award - consent matter - application granted - award made - operative date ffpp 11 June 2004 REASONS FOR DECISION (1) On 27 March, 4 April, 10 April and 8 May 2003 applications were lodged, pursuant to s.23 of the Industrial Relations Act 1984, by The Australian Workers' Union, Tasmania Branch, the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, the Australian Mines and Metals Association (Incorporated) and the Construction, Forestry, Mining and Energy Union (CFMEU) to make the Impact Fertilisers Enterprise Award. (2) Hearings were convened at the Commonwealth Law Courts, 39-41 Davey Street, Hobart on 4 April, and 8 May 2003, 3 May, 21 April and 11 June 2004. At these hearings, Mr D Hanisch and Mr P Baker appeared for The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union. Mr R Flanagan appeared for The Australian Workers' Union, Tasmania Branch. Mr W Fitzgerald appeared with Mr D Fox of Impact Fertilisers. On 4 April 2003 Mr A Benson appeared for the CFMEU. (3) On 10 June 2004, Mr Benson wrote to the commission stating that they were no longer seeking an interest in the award. (4) This application is by consent, for the establishment of a new award, to be known as the Impact Fertilisers Enterprise Award. (5) The award is made in respect of the production and manufacture of fertiliser or other products by Impact Fertilisers Pty Ltd at the company's site at Derwent Park in Hobart. (6) The union parties to the award are The Australian Workers' Union, Tasmania Branch and The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union. The Australian Mines and Metals Association (Incorporated) is an employer organisation party to the award. (7) Impact Fertilisers manufactures and distributes fertiliser. Until 1994 the manufacturing facility was operated by Pasminco Hobart Smelter, called at that time Pasminco Metals EZ. The workforce was part of the Pasminco workforce. In 1994 the employees ceased being employees of Pasminco and became employees of Impact Fertilisers. The terms and conditions of employment remained those that had applied at Pasminco, which arrangement was recorded at the time.1 That has been the common law basis of the employment arrangements since that time. There have been no formal industrial agreements in place since that time. (8) The award is established under Principle 11.1:
(9) The parties submitted that they had been guided by that Principle when negotiating the terms of the new award, which was made with the consent of all of the parties. (10) I am satisfied that the award complies with Principle 11.1 of the Wage Fixing Principles and that it satisfies the public interest test in Clause 36.1 of the Industrial Relations Act 1984 and I approve the award with an operative date from the first full pay period on or after 11 June 2004.
P C Shelley Appearances: Date and place of hearing: 1 Exhibit AWU1 |