PR965969 Download Word DocumentAUSTRALIAN INDUSTRIAL RELATIONS...

PR965969
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AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

Workplace Relations Act 1996
s.99 notification of an industrial dispute
s170LW application for the settlement of a dispute
s170MD(6) variations of certified agreement to remove ambiguity

Nylex Industrial Products Pty Ltd

and

National Union of Workers;

Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union; and

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(C2005/5846)
(C2005/5847)
(AG2005/7959)
(AG2005/7960)
(AG2005/7961)
(AG2005/7962)
(AG2005/7963)

Rubber, plastic and cable making industry


COMMISSIONER BLAIR
MELBOURNE, 5 DECEMBER 2005



Proposed sale of Empire Rubber and Nylex Frankston.

PREAMBLE

[1] The following order is made by the Australian Industrial Relations Commission concerning issues arising from the sale of the Nylex Frankston and Empire Rubber businesses from Nylex Industrial Products Pty Ltd to Huon Corporation Pty Ltd. The orders are in settlement of an industrial dispute and a dispute over the application of the applicable certified agreements, and for the clarification of any ambiguity or uncertainty arising under the agreements.

ORDER

[2] Each of the five certified agreements referred to in subparagraph (a) to (e) below, are varied to the following effect:

The offers of employment annexed to the affidavit of Mr John Davide Schulz and marked JDS1, if made to any of the employees of Nylex Industrial Products Pty Ltd whose employment s covered by the five certified agreements referred to below, would constitute an offer of employment by Huon Corporation Pty Ltd:

(a) on terms and conditions “no less favourable considered on an overall basis” an offer which recognises the employees’ period of service under clause 20.13 of the Empire Rubber Bendigo – National Union of Workers Certified Agreement 2005-2008;

(b) on terms and conditions “no less favourable considered on an overall basis” an offer which full recognises the employees’ period of service under clause 20.14 of the Nylex Frankston (A Division of Nylex Industrial Products Pty Ltd) – National Union of Workers Certified Agreement 2005-2008;

(c) that is an offer of employment on transmission of business that is in accordance with and that meets the terms and requirements of clause 29 of the Empire Rubber AMWU/ETU Certified Agreement 2003;

(d) which fully recognises continuity of service and all prior service of employees in accordance with clause 4.4.2(a) of the Metal, Engineering and Associated Industries Award 1998 is made pursuant to a transmission of business, under clause 25 of the Nylex Frankston (A Division of Nylex Industrial Products Proprietary Limited) Agreement 2003;

(e) which fully recognises continuity of service and all prior service of employees in accordance with clause 4.4.2(a) of the Metal, Engineering and Associated Industries Award 1998 is made pursuant to a transmission of business under clause 26 of the Empire Rubber “Staff” Certified Agreement 2003;

with effect that such employees who reject such offer of employment from Huon Corporation Pty Ltd in December 2005, shall not be entitled to retrenchment payments from Nylex.

Printed by authority of the Commonwealth Government Printer