TASMANIAN INDUSTRIAL COMMISSION

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

Zinifex Hobart Smelter

and

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

and

Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union
(T11745 of 2004)

ZINIFEX HOBART SMELTER MAINTENANCE EMPLOYEES
ENTERPRISE AGREEMENT 2004

Industrial agreement - application approved - operative date 1 December 2003 - 30 November 2006 - forwarded to Registrar for registration

REASONS FOR DECISION

[1] On 5 October 2004, Zinifex Hobart Smelter, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union lodged with the Registrar, pursuant to Section 55(2) of the Industrial Relations Act 1984, the Zinifex Hobart Smelter Maintenance Employees Enterprise Agreement 2004.

[2] When this matter came on for hearing on 18 October 2004, Mr M Double appeared for the Company, and Mr K Harkins and Mr C Mitchell appeared for the CEPU. By letter dated 13 October 2004, the AMWU informed the Commission they were unavailable to attend.

[3] Mr Double explained that this agreement applied to the maintenance employees alone. Previously both production and maintenance employees had been subject to the same agreement.

[4] The agreement had been endorsed by majority of the maintenance workforce at a vote taken on 4 October.

[5] The major changes resulting from this agreement include:

• Performance related pay
• Pro rata access to LSL after 10 years
• Strengthened consultative procedures
• New classification structure

[6] The parties exchanged on record certain undertakings and understandings relating to the implementation of the new classification structure.

[7] Subject to the above undertakings, Mr Harkins supported the approval of the agreement. The AMWU had previously indicated support for the agreement through correspondence.

[8] I am satisfied that the agreement is consistent with both the Wage Fixing Principles and the public interest requirements of the Act.

[9] Pursuant to s.55 of the Act, the agreement is approved operative from 1 December 2003 and shall remain in force until 30 November 2006.

[10] 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
COMMISSIONER

Appearances:
Mr M Double for Zinifex Hobart Smelter
Mr K Harkins and Mr C Mitchell for the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

Date and Place of Hearing:
2004
October 18
Hobart