Notification under section 130 by Pasminco Australia Ltd (subject to Deed of Company Arrangement) and Pasminco Cockle Creek Smelter Pty Ltd (subject to Deed of Company Arrangement) of a dispute with Australian Workers' Union, New South Wales and others re industrial action; Notification under section 130 by Australian Workers' Union, New South Wales of a dispute with Pasminco Elura Mine (subject to Deed of Company Arrangement) re industrial action; Notification under section 130 by Electrical Trades Union of Australia, New South Wales Branch of a dispute with Pasminco Elura Mine (subject to Deed of Company Arrangement) re industrial action [2003] NSWIRComm 235

Industrial Relations Commission of New South Wales

CITATION : Notification under section 130 by Pasminco Australia Ltd (subject to Deed of Company Arrangement) and Pasminco Cockle Creek Smelter Pty Ltd (subject to Deed of Company Arrangement) of a dispute with Australian Workers' Union, New South Wales and others re industrial action; Notification under section 130 by Australian Workers' Union, New South Wales of a dispute with Pasminco Elura Mine (subject to Deed of Company Arrangement) re industrial action; Notification under section 130 by Electrical Trades Union of Australia, New South Wales Branch of a dispute with Pasminco Elura Mine (subject to Deed of Company Arrangement) re industrial action [2003] NSWIRComm 235 MATTER IRC 1836 of 2003 APPLICANT: Pasminco Australia Ltd (subject to Deed of Company Arrangement) Pasminco Cockle Creek Smelter Pty Ltd (subject to Deed of Company Arrangement) RESPONDENT: Australian Workers' Union, New South Wales

MATTER IRC1838 of 2003 PARTIES : APPLICANT: Australian Workers' Union, New South Wales RESPONDENT: Pasminco Elura Mine (subject to Deed of Company Arrangement)

MATTER IRC1851 of 2003 APPLICANT: Electrical Trades Union of Australia, New South Wales Branch RESPONDENT: Pasminco Elura Mine (subject to Deed of Company Arrangement) FILE NUMBER: 1836, 1838, 1851 of 2003 CORAM: Sams DP Metalliferous mining industry - industrial dispute - industrial action - recommendation and direction - return to normal work effected - request to interpret award clause concerning notice of redundancy - sale of Elura Mine - conditional sales agreement - all employees to be made redundant - all employees to receive outstanding entitlements and redundancy benefits - whether closure of mine for economic reasons or company reorganisation - different notice periods for different reasons of redundancy - meaning of "restructure" - redundancy test case decisions considered - principles of award interpretation - previous application of the disputed clause - whether disputed clause ambiguous. CATCHWORDS : Held, closure of mine forced on employer by serious economic difficulties - disputed clause ambiguous - consideration of how disputed clause had applied in the past - notice to employees of redundancy not unreasonable - no distinction between redundancy and retrenchment - no uncertainty or confusion - actual notice of redundancy not significant - employer's interpretation of disputed clause accepted- dispute proceedings concluded. LEGISLATION CITED : Industrial Relations Act 1996 Amcor Limited v Construction, Forestry, Mining and Energy Union [2003] FCA FC 57 Australian Paper Manufacturers Ltd v Pulp and Paper Workers' Federation of Australia (1981) 55 FLR 303 Australian Workers Union NSW and WJ & A Seery [2000] NSWIRComm 62 Australian Workers' Union, New South Wales Branch and Zoological Parks Board of New South Wales [2003] NSWIRComm 49 Bryce and Another v Apperley (1998) 82 IR 448 City of Wanneroo v Holmes (1989) 30 IR 362 Cooper Brookes (Wollongong) Pty Ltd v The Commissioner of Taxation of the Commonwealth of Australia (1981) 147 CLR 297 Kingmill Australia Pty Ltd T/A Thrifty Car Rental v Federated Clerks' Union of Australia, New South Wales Branch (2001) 106 IR 217 Hotville Pty Ltd v NSW Nurses' Association [2002] NSWIRComm 338 Merchant Service Guild of Australia v Sydney Steam Collier Owners and Coal Stevedores Association and Others (1958) 1 FLR 248 Metalifferous Miners (Elura Mine) Award, Cullen J. (Matters 435 and 784 of 1991) National Union of Workers v Graincorp Operations Ltd (2002) 117 IR 136 CASES CITED : New South Wales Fire Brigade Employees' Union and New South Wales Fire Brigades [2003] NSWIRComm 55 Perisher Blue Pty Ltd and Others v Australian Workers Union (1999) 91 IR 274 Re Clerks (State) Award 1987 (1987) 21 IR 29 Re Application for Redundancy Awards (1994) 53 IR 419 Re State Rail Authority Firefighters Award 2001, [2002] NSWIRComm 159 Re Security Officers (Waterfront) Award (1988) 26 IR 1 Shop, Distributive & Allied Employees' Association (NSW) & Ors. v Countdown Stores & Ors (1983) 7 IR 273 Shop, Distributive and Allied Employees' Association (NSW) v Myer (NSW) Ltd (1983) 7 IR 300 Termination, Change and Redundancy Case (1984) 8 IR 34