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[1990] AIRC 7
procedural. The Commission recommended (without making formal orders) that Teys Bros desist from requiring employees to sign the 'Conditions of Employment' document, without prejudice to the company's...
The Industrial Relations Commission made a preliminary recommendation that a meat processing company stop requiring employees to sign a new employment conditions document. The Commission took this conciliatory approach to prevent a serious dispute from developing, noting that the document didn't actually change existing conditions but was causing concern among workers. The Commission also reminded the union that it must follow proper dispute resolution procedures. The decision was made without formal findings or orders, preserving both parties' positions, because a private conference was scheduled for the following week to address broader tensions in the meat industry. The Deputy President expressed serious concern about the state of industrial relations in the industry and urged all parties to step back from confrontation.
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1 cited instrument linked from this judgment.
Industrial Relations Act 1988 s.99 notification of industrial dispute
Teys Bros (Beenleigh) Pty Ltd (C No. 20032 of 1990)
QUEENSLAND MEATWORKS INDUSTRIAL AGREEMENT - AWARD 1983(1) (ODN C No. 03254 of 1979)
Meat employees Meat industry
DEPUTY PRESIDENT RIORDAN
BRISBANE, 12 JANUARY 1990
private conference arranged to bring about a better industrial relations atmosphere.
The following decision was given in transcript in Brisbane on Thursday, 11 January 1990.
This is a preliminary decision only and is to be treated as such. I propose to give very brief reasons for what I propose to say for good reason. But if either party subsequently requires me to go into the matter further, or to make any formal orders, I will do so after considering all that has been put and after having a further hearing to hear the evidence to which Mr Esplin referred as being available.
In my view, it would be tragic in the extreme if there were a serious dispute between The Australasian Meat Industry Employees Union (AMIEU) and Teys Brothers over this issue. I would urge the company, without prejudice to its position in respect of this matter, and without prejudice to any decision that might subsequently be made, to desist from its requirement for employees to sign the document which was forwarded to at least some of the employees, if not all, on 6 January last. This action by the company would be without prejudice to its position in respect of any future action it may wish to take. I make this strong recommendation because on next Wednesday I have requested certain persons to attend a private conference in Sydney, including the principal of this company.
I am disturbed to say the least at the current state of industrial relations in this industry and I think it is essential, as I have indicated previously in public hearing, that all parties should take a step back before it is too late. I adhere to that view.
If the company does not persist with its intention of requiring employees to sign the document called "Conditions of Employment", which represents no significant difference to the conditions already applying but which is being interpreted as having some ulterior purpose or motive by the _______________________________________________________________________________
(1)Print E0524 [Q006]; (1979) 225 CAR 292 [title change Print F4984 [Q006 V014]] employees and their union, its position will not be prejudiced because it can quickly revert to that position at a later stage should it wish to do so. I am hopeful that the conference next week may at least commence a move in the direction of bringing about a more satisfactory climate in this industry.
I therefore make the recommendation without going into all of the reasons which have been advanced today and without making any finding in respect of these matters because I feel at this stage that it is unnecessary and would not be conducive to restoring the harmonious relationship which has existed in the past
At the same time I make this very clear to the union. I have no sympathy for violation of dispute settlement procedure clauses. The union has willingly embraced such clauses and it should follow them. Generally speaking the AMIEU does follow them and I know its officials from time to time have gone to great lengths to convince their members of their obligation. I remind them of that and I remind them with equal force that the conference next week, which involves their most senior officials concerned, as well as the senior officials of the Meat and Allied Trades Federation of Australia and the chief executives of certain meat producers, is designed to bring about a better industrial relations atmosphere than that which unfortunately exists at the present time.
The Commission recommended (without making formal orders) that Teys Bros desist from requiring employees to sign the 'Conditions of Employment' document, without prejudice to the company's position. The union was reminded of its obligations under dispute settlement procedure clauses. A private conference was scheduled to address broader industrial relations concerns in the industry.