Notification by Construction, Forestry, Mining and Energy Union (New South Wales Branch) of a dispute with Pasminco Broken Hill Mine re Enterprise Agreement; Notification by Construction, Forestry, Mining and Energy Union (New South Wales Branch) of a dispute with Pasminco Broken Hill Mine re different redundancy payments at the Broken Hill site; The Pasminco Broken Hill Anti-Discrimination Redundancy Award 2001; The Pasminco Broken Hill (Terms and Conditions) Award 2001 [2001] NSWIRComm 215

Industrial Relations Commission of New South Wales

CITATION : Notification by Construction, Forestry, Mining and Energy Union (New South Wales Branch) of a dispute with Pasminco Broken Hill Mine re Enterprise Agreement; Notification by Construction, Forestry, Mining and Energy Union (New South Wales Branch) of a dispute with Pasminco Broken Hill Mine re different redundancy payments at the Broken Hill site; The Pasminco Broken Hill Anti-Discrimination Redundancy Award 2001; The Pasminco Broken Hill (Terms and Conditions) Award 2001 [2001] NSWIRComm 215 NOTIFIER/APPLICANT PARTIES : Construction, Forestry, Mining & Energy Union (New South Wales Branch) RESPONDENT Pasminco Broken Hill Mine Pty Limited and Others FILE NUMBER: 6219 and 2772 of 2000; 742 and 743 of 2001 CORAM: Sams DP Industrial disputes - compulsory conference proceedings - applications for first awards - joinder of matters - conduct of proceedings - summons to produce - end of mining in Broken Hill - mine to be sold - employment prospects in Broken Hill - history of negotiations over agreement and redundancy claims - redundancy benefits under Pension Fund - history of redundancy awards - industry standards - Commission's power to make awards - single status contracts - allegations company is anti-union - discrimination against union members - Commission's redundancy standards - State Wage Case Principles - Special Case and First Award Principles - CATCHWORDS : Held, all summonsed documents to be produced - priority given to redundancy award claim - evidence largely undisputed - inappropriate to seek same benefits as other employees - employees' choice of industrial coverage - discrimination not the issue - claim decided on merits - Special Case made out - Commission's standards are minimum - unique and exceptional circumstances - few, if any, alternative employment opportunities - employees unable to relocate - most employees with many years of service - age of employees - redundancies inevitable - not appropriate to alter Pension Fund benefits - first award made - award based on years of service, classification and age, subject to a cap - significant cost to company - circumstances without precedent - parties to confer on award terms - proceedings relisted for general award application. LEGISLATION CITED : Industrial Relations Act 1996 Employment Protection Act 1982 State Wage Case 2000, 97 IR 93 Re Application for Redundancy Awards, 53 IR 419 Broken Hill Barrier Industrial Council and Ors: Re dispute with Pasminco Mining (1992) 42 IR 92 Barrier Industrial Council v Pasminco Mining (unreported) Cahill J, IRC301 of 1996, 29 March 1996 Notification by Pasminco Mining - Broken Hill of a Dispute with Workers Industrial Union of Australia (Barrier District) and Others re Agreement Negotiations, Matter IRC775 of 1993, and Notification by Barrier Industrial Council of a Dispute with Pasminco Mining - Broken Hill re Agreement Negotiations, Matter IRC782 of 1993 (unreported) Cahill VP, 22 April 1993 Australian Manufacturing Workers' Union and Others v Alcoa of Australia Limited and Others, 63 IR 138 CASES CITED : State Wage case 2001, 104 IR 438 Occupational Health Nurses' Superannuation (State) Award (unreported) Bauer, Schmidt JJ and French C, 6 November 1996 Teachers (Non Government) (Schools) (State) Award and other Awards (unreported) Fisher P, Sweeney J, Varnum DP, 17 August 1999 Pastoral Industry (State) Award, 104 IR 268 State Wage Case 1994, 57 IR 1 Re Steel Works Employees (BHP Co Ltd) Award & Other Awards, 4 IR 56 Shop Distributive and Allied Employees' Association (NSW) and Ors v Countdown, 7 IR 273 Peter Pellegrini Motors Pty Ltd v Lisa Notley, 7 IR 453 PDS Rural Products Ltd v Corthorn, 19 IR 153 Manuel v Pasminco Cockle Creek Smelter, 83 IR 135 HEARING DATES: 02/07/2001; 02/08/2001; 02/09/2001; 02/23/2001; 05/09/2001; 06/04/2001; 06/05/2001; 06/06/2001; 06/07/2001; 06/08/2001; 06/12/2001; 06/14/2001 DATE OF JUDGMENT: 09/11/2001