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Tasmanian Industrial Commission

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T11524

 

TASMANIAN INDUSTRIAL COMMISSION

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

The Australian Workers' Union, Tasmania Branch
(T11524 of 2004)

BARMINCO (TASMANIA) MINING PRODUCTION ENTERPRISE AGREEMENT 2004

 

DEPUTY PRESIDENT SHELLEY

HOBART, 24 June 2004

Industrial Agreement - agreement approved - operative 1 June 2004 for a period of three years - forwarded to the Registrar for registration

REASONS FOR DECISION

[1] This application, lodged pursuant to s.55 of the Industrial Relations Act 1984 by the Australian Workers' Union, Tasmania Branch (the union) and Barminco Pty Ltd (the employer), was for the purpose of filing an industrial agreement with the Commission.

[2] A hearing commenced at the Commonwealth Law Courts, 39-41 Davey Street, Hobart on Wednesday 23 June 2004 at 2.30 pm.

[3] The agreement, to be known as the Barminco (Tasmania) Mining Production Enterprise Agreement 2004, is to be operative on and from 1 June 2004 and it is to remain in force for a period for a period of three years.

[4] The agreement applies to all persons (whether union members or not) engaged at Barminco Pty Ltd in mining production activists conducted in Tasmania and engaged as "Mining Industry Employees."

[5] An oral submission was presented by Mr R Flanagan. A written submission from Mr W Fitzgerald of the Australian Mines and Metals Association (Incorporated) was read into the transcript.

[6] Having considered those submissions, I am satisfied the agreement does not offend s.36 of the Act or the Wage Fixing Principles and I approve the agreement.

[7] The file will now be referred to the Registrar in accordance with the requirements of s.56(1) of the Act.

 

P C Shelley
DEPUTY PRESIDENT

Appearances:
Mr R Flanagan of the Australian Workers' Union, Tasmania Branch

Date and place of hearing:
2004
June 23
Hobart