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Tasmanian Industrial Commission

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T9944 - 8 December 2001

 

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.29 application for hearing of an industrial dispute

Australian Mines and Metals Association (Incorporated) for Barminco Pty Ltd
(T9944 of 2001)

and

The Australian Workers' Union, Tasmania Branch

 

DEPUTY PRESIDENT R J WATLING

HOBART, 8 December 2001

Industrial dispute - strike action - job security - wage rates - Long Service Leave - failure to adopt recommendation

REASONS FOR FURTHER DECISION

[1] On 6 December 2001, the Commission, in its reasons for decision, strongly recommended that all employees currently on strike return to work at the commencement of the shift on the 6 December 2001. In return, a 7-point plan was proposed to deal with the issues that gave rise to the dispute.

[2] The Commission was concerned to hear that the recommendation was not adopted and there was no return to work.

[3] From the submissions presented today, I would have to conclude that the sticking point on a return to work centres around the issue of Long Service Leave and, in particular, the stance taken by Barminco Pty Ltd (the employer) who does not accept the existence of an agreement with its employees and the unions that service with past employers will be counted when calculating the payment for Long Service Leave entitlements.

[4] There is currently before the Commission, an application (T No 9906 of 2001) dealing with a dispute relating to Long Service Leave and the employer in this dispute is the respondent in that application.

[5] I am of the view that it is appropriate that application T9906 of 2001 be allowed to take its course, and be heard and determined by the Commission.

[6] In view of the foregoing, all employees who are currently taking industrial action, in whatever form, are put on notice that I am prepared to give them one last opportunity to comply with the recommendation made on the 6 December 2001.

[7] If a return to work takes place, then the Commission will continue these proceedings to hear submissions and evidence in order to establish the facts as to the existence or otherwise of an agreement between the employer and employees that service with past employers will be counted for the purpose of calculating the payment for Long Service Leave entitlements.

[8] If there is no return to work on 9 December 2001, then I will be prepared to issue the Order for a return to work as sought by Mr W Fitzgerald.

 

R J Watling
DEPUTY PRESIDENT

Appearances:
Mr W Fitzgerald, of the Australian Mines and Metals Association (Incorporated), with Mr Bowe for Barminco Pty Ltd.
Mr R Flanagan with Mr I Wakefield, for The Australian Workers' Union, Tasmania Branch with employee representatives from Barminco Pty Ltd
Mr G Cooper Mr Shea, Mr Alexander for the Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union

Date and place of hearing:
2001
December 8
Hobart