Department of Justice

Tasmanian Industrial Commission

www.tas.gov.au
Contact  |  Accessibility  |  Disclaimer

T11627 and T11628

 

TASMANIAN INDUSTRIAL COMMISSION

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

The Australian Workers' Union, Tasmania Branch
(T11627 of 2004)
(T11628 of 2004)

PASMINCO HOBART SMELTER ENTERPRISE AWARD
PASMINCO ROSEBERY (MINING) AWARD

 

COMMISSIONER T J ABEY

HOBART, 17 September 2004

Award variation - title - name change - operative date 23 August 2004

REASONS FOR DECISION

[1] On 28 July 2004, applications were lodged by The Australian Workers' Union, Tasmania Branch, pursuant to Section 23 of the Industrial Relations Act 1984, to vary the Pasminco Hobart Smelter Enterprise Award and the Pasminco Rosebery (Mining) Award.

[2] When this matter came on for hearing on 23 August 2004, Mr R Flanagan appeared for The Australian Workers' Union, Tasmania Branch in both matters, Mr M Reeves appeared for the Construction, Forestry, Mining and Energy Union, Tasmanian Branch in matter T11627 of 2004 only, Mr K Mays appeared for the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia in both matters, Mr D Hanisch appeared for the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union in both matters and Mr M Double appeared for Zinifex Australia Limited in both matters.

[3] Mr Flanagan explained that the applications were essentially housekeeping applications. Both awards continue to reflect Pasminco as the name of the employer whereas that name has in fact changed to Zinifex. The effect of the applications is to simply delete the word "Pasminco" from the title of both awards and to replace it with the word "Zinifex".

[4] Mr Flanagan explained further that the applications do not offend the requirements of the Act in terms of the public interest and therefore the parties, by consent, seek the Commission vary the two awards.

[5] Mr Reeves, Mr Mays and Mr Hanisch endorsed the comments of Mr Flanagan.

[6] Mr Double was also in agreement with the changes.

[7] I am satisfied the application is consistent with the public interest requirements of the Act.

[8] The application is granted operative from 23 August 2004.

[9] The Orders reflecting this variation will follow.
 

Tim Abey
COMMISSIONER

Appearances:
Mr R Flanagan for The Australian Workers' Union, Tasmania Branch
Mr M Reeves for the Construction, Forestry, Mining and Energy Union, Tasmanian Branch
Mr K Mays for the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
Mr D Hanisch for the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union
Mr M Double for Zinifex Australia Limited

Date and Place of Hearing:
2004
August 23
Hobart