The Australian Workers' Union v Harsco Metals Australia Pty Ltd

[2011] FWA 2933

[2011] FWA 2933

FAIR WORK AUSTRALIA

RECOMMENDATION

Fair Work Act 2009
s.739—Dispute resolution

The Australian Workers’ Union
v
Harsco Metals Australia Pty Ltd
(C2011/3641)

COMMISSIONER GAY MELBOURNE, 13 MAY 2011

Alleged dispute concerning a final warning and demotion.

Arising out of proceedings before the Tribunal on 29 March 2011 in the above matter, the Australian Workers Union (AWU) and Harsco Metals Australia Pty Limited (Harsco) have agreed that a recommendation will be issued by the Tribunal in the following terms to assist with the resolution of the dispute. The consent recommendation is in the following terms:

[1] That the transfer of Mr Slingsby from Mill Services Operator on shift work to Oxy-Cutter on day shift will apply from 22 March 2011 for a period of six months, expiring on 22 September 2011.

[2] Commencing on 23 September 2011, Mr Slingsby will be classified as a Mill Services Operator on shift work for a trial period of three months, expiring on 23 December 2011.

[3] That during the period from 22 March 2011 to 23 December 2011, Mr Slingsby’s work performance and conduct will be monitored by Harsco.

[4] Mr Slingsby will be required to comply with reasonable and lawful directions, comply with all Harsco’s policies, procedures, perform his duties satisfactorily and conduct himself in a satisfactory fashion. These requirements will not change after 23 December 2011.

[5] If Mr Slingsby complies with the requirements of paragraph 4 above, then he will continue to be employed by Harsco as a Mill Services Operator on shift work.

[6] However in the event it is established following investigation and procedural fairness being accorded by Harsco, that Mr Slingsby has not complied with the requirements of paragraph 4 from 22 March 2011 to 23 December 2011, then Harsco will take disciplinary action which may include termination of employment.

[7] That Harsco will provide to the AWU a monthly written update on Mr Slingsby’s performance and conduct during the period from 22 March 2011 to 23 December 2011.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR509535>