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Tasmanian Industrial Commission

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T5895 and T5896

 

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.23 application for award or variation of award

Construction, Forestry, Mining and Energy Union,
Tasmanian Branch

(T5895 of 1995)
(T5896 of 1995)

BUILDING AND CONSTRUCTION INDUSTRY AWARD
BUILDING TRADES AWARD

 

COMMISSIONER P A IMLACH

4 December 1995

Award variation - expense related allowances - application approved - op 23.11.95

REASONS FOR DECISION

These applications, which were joined at the outset, were made by the Construction, Forestry, Mining and Energy Union, Tasmanian Branch (the CFMEU) and sought increases in the expense related allowances prescribed in the Building and Construction Industry Award and the Building Trades Award (the two awards).

The increases sought were based upon relevant increases in the Australian Bureau of Statistics' Consumer Price Index from July 1994 to June 1995. The applications also followed and relied upon in particular, a hearing and an order of the Australian Industrial Relations Commission1 for similar increases in the National Building and Construction Industry Award 1990.

At the hearing the CFMEU explained the background details of the applications and formally sought the increases operative from the first full pay period on or after 23 November 1995.

The Australian Workers' Union, Tasmania Branch, the Tasmanian Chamber of Commerce and Industry Limited and The Master Builders' Association of Tasmania supported the CFMEU's submissions and indicated their consent to the applications.

I am satisfied that the applications are not against the public interest nor the requirements of the Industrial Relations Act 1984.

In particular the applications conform with the Allowance Principle of the Commission, the relevant prescription being:

"9.1.1 Existing allowances which constitute a reimbursement of expenses incurred may be adjusted from time to time where appropriate to reflect the relevant changes in the level of such expenses."

The two awards will be amended as requested operative from the first full pay period on or after 23 November 1995.

The orders are attached.

 

P A Imlach
COMMISSIONER

Appearances:
Mr T Benson, for Construction, Forestry, Mining and Energy Union,
Tasmanian Branch
Mr G Cooper, for The Australian Workers' Union, Tasmania Branch
Ms J Thomas, for Tasmanian Chamber of Commerce and Industry Limited
Mr C Atkins, for The Master Builders' Association of Tasmania

Date and place of hearing:
1995
November 23
Hobart

1 dated 22 September 1995 (Print M5552)