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TASMANIAN INDUSTRIAL COMMISSION
Industrial Relations Act 1984
s.29 application for hearing of an industrial dispute
Australian Mines and Metals Association (Incorporated) for Barminco
(T9944 of 2001)
and
The Australian Workers' Union, Tasmania Branch
| DEPUTY PRESIDENT R J WATLING |
HOBART, 7 December 2001 |
Industrial dispute - strike action - job security - wage rates - Long Service Leave - recommendation
REASONS FOR DECISION
[1] On 5 December 2001 the Australian Mines and Metals Association (Incorporated) for Barminco (the applicant), applied to the President, pursuant to s.29(1) of the Industrial Relations Act 1984, for a hearing before a Commissioner in respect of an industrial dispute with The Australian Workers' Union, Tasmania Branch (the union). The circumstances surrounding the application were stated as follows:
"Employees engaged by Barminco took industrial action (in the form of stop work) on 4 December 2001 for a period of 24 hours. The dispute remains unresolved and industrial action is continuing. The action has been taken as a result of the following concerns of the employees:
1. Concern over job security;
2. Wages
3. Long Service Leave."
[2] A hearing was convened on Thursday, 6 December 2001 at 2.15 pm, at `Lyndhurst', 448 Elizabeth Street, North Hobart, Tasmania.
[3] Mr W Fitzgerald, of the Australian Mines and Metals Association (Incorporated), for and on behalf of Barminco; Mr R Flanagan for The Australian Workers' Union, Tasmania Branch. Intervention was sought and granted to Mr G Cooper for the Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union and Mr K Becker for the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.
[4] After hearing preliminary submissions, the parties entered into private discussions in order to explore all the issues that gave rise to the dispute.
[5] At the conclusion of the conference all the issues had been dealt with in the following manner:
1. Safety
Barminco will establish and implement an agreed procedure which will be applied where employees identify safety hazards. The procedure will be agreed between Barminco, the unions and employees.
2. Long Service Leave
The Commission has observed that Barminco will not recognise service with previous employers.
Each case will need to be decided by the Commission on a case-by-case basis.
Barminco will abide by the decisions of the Tasmanian Industrial Commission.
3. Payment of Wages
Barminco will review current payment arrangements. Mr G Mayes will discuss the issue with Barminco head office and discuss the matter further with The Australian Workers' Union, Tasmania Branch, who will consult their members regarding the matter.
If the discussions between the parties so require a variation to the agreement will be field.
The parties recognise that employees should have certainty of pay dates.
4. Supervision
Mr R Bailey will have discussions with the individual concerned in order to encourage a supervisory style which respects the dignity of employees.
5. Wage Review
The parties agree that a proper review process will be conducted in accordance with Clause 12.3 of the Barminco (Copper Mines of Tasmania) Mining Production Enterprise Agreement 2000 prior to the 13th January 2002.
The review will be conducted by the union officials, on-site delegates and company representative.
6. Loss of Earnings
If employees cannot work within their mining contract Barminco will identify meaningful work for employees. Employees will have the opportunity to volunteer for that work, including training and temporary transfer, under revised contract arrangements. Where employees transfer to another site, Barminco will recognise continuity of service.
7. Job Security
Barminco will apply the following process, where it is likely that labour requirements are reduced:
b. Barminco will establish a transparent and objective selection criteria for redundancies; and
c. Any redundancy selection will be in accordance with those criteria.
8. Return to Work
The Commission strongly recommends that all employees currently on strike return to work at the commencement of their next shift.
[6] The hearing was adjourned sine die.
R J Watling
DEPUTY PRESIDENT
Appearances:
Mr W Fitzgerald, of the Australian Mines and Metals Association (Incorporated), with Mr G Mayes, Mr R Bailey and Miss A Peart for Barminco
Mr R Flanagan with Mr I Wakefield, Mr P Simpson, Mr S Elkin and Mr M Welsh for The Australian Workers' Union, Tasmania Branch
Mr G Cooper intervening for the Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union
Mr K Becker intervening for the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
Date and place of hearing:
2001
December 6
Hobart |
