T11540
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 The Australian Workers' Union, Tasmania Branch and Placerdome Asia Pacific HENTY GOLD LIMITED ENTERPRISE AGREEMENT 2004
Industrial agreement - application approved - operative date 19 September 2004 - 3 years - forwarded to Registrar for registration REASONS FOR DECISION [1] On 11 June 2004, The Australian Workers' Union, Tasmania Branch (AWU) and Placerdome Asia Pacific trading as Henty Gold Limited lodged with the Registrar, pursuant to Section 55(2) of the Industrial Relations Act 1984, the Henty Gold Limited Enterprise Agreement 2004. [2] Appearances: Mr R Flanagan appeared for The Australian Workers' Union, Tasmania Branch, Mr A Bukarica sought and was granted leave to intervene on behalf of the Construction, Forestry, Mining and Energy Union, Tasmanian Branch, and Mr B Fitzgerald, of Australian Mines and Metals Association (Incorporated), appeared for Placerdome Asia Pacific trading as Henty Gold Limited. [3] This application seeks the approval of an agreement between Henty Gold Limited and the AWU. The agreement is to apply to both surface and underground operations at the Henty Gold Mine and replaces the Goldfields (Tasmania) Limited, Henty Gold Mine Enterprise Agreement 20011. [4] The application was heard concurrently with an application lodged by the Construction, Forestry, Mining and Energy Union, Tasmanian Branch (CFMEU) seeking an enterprise award to cover the same group of employees.2 [5] The CFMEU argued that the better course of action was to grant the application for an enterprise award and make it binding on both the CFMEU and AWU. That application has been refused in a decision dated 16 September 2004. [6] Mr Flanagan explained that the AWU approached the employer concerning a s.55 agreement in May 2004. The impetus for this approach was a decision taken by the Company to offer individual common law contracts to employees and not renew the existing enterprise agreement. [7] Following negotiations with the Company an agreement in principle was reached and lodged with the Commission. [8] Following that lodgement the AWU embarked on an extensive consultative process with members and non-members on the mine site. Taking into account the feedback from employees, further negotiations with the Company resulted in a number of changes to the original document. [9] Mr Flanagan said that the amended document had been voted on and endorsed by employees on the site. [10] The revised document was substituted for the original application during the course of the hearing. [11] To provide full context this decision should be read in conjunction with the decision in T11513 of 2004. [12] I am satisfied that the agreement is consistent with both the Wage Fixing Principles and the public interest requirements of the Act. [13] Pursuant to s.55(4) the agreement is approved operative from 19 September 2004 and shall remain in force for a period of three years. [14] The file will now be referred to the Registrar for registration in accordance with the requirements of Section 56(1) of the Act.
Tim Abey Appearances: Date and Place of Hearing: |