T4012 and T4023
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Metals and Engineering Workers' Union Electrical Trades Union of Australia FERRO ALLOYS AWARD
Appeals against decision in matter T.3909 of 1992 - variation of the Ferro Alloys Award - appeals dismissed REASONS FOR DECISION These matters, which were appeals under sub-section (1)(a) of section 70 of the Industrial Relations Act 1984 lodged separately by the Metals and Engineering Workers' Union (the MEWU) and the Electrical Trades Union of Australia, Tasmania Branch (the ETU), were joined at the outset. The appeals were against a decision of a Commissioner sitting alone to amend the Ferro Alloys Award. Section 70(1)(a) provides - "An appeal may be made to a Full Bench against (a) an award made by a Commissioner sitting alone." On 8 September, 1992, the Commissioner handed down a decision, but, on the dates the appeals were lodged, 24 and 29 September, 1992 (and even up till the date the appeals came on for hearing), an award arising out of the Commissioner's decision had not been made. At the commencement of the hearing the MEWU adverted to the fact that the appeals had been lodged against a non-existent award and also advised the Commission that negotiations between the parties, aimed at settling some perceived problems, were continuing. The ETU confirmed and supported the MEWU's advice. Because the appeals had been lodged prior to the making of any award, and were accordingly technically deficient, we have decided that we have no alternative other than to dismiss both appeals. However in doing so we confirm our earlier advice to the parties that they are still at liberty to lodge an appeal within 21 days from the date any relevant order is eventually issued.
Appearances: Date and place of hearing: |