IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

It is my intention, in dealing with this application, to hand down an 'interim' decision and a 'final' decision.

The 'interim' decision will involve that part of the claim which seeks to amend the following Sections of the Building Trades Award -

PART I - WAGE RATES -

SECTION I,
SECTION II - Plumbers, and
SECTION VI - Weekly Hire, Maintenance and Workshops, CLAUSE 5 - Tools and Tool Allowance.

and

PART II - CONDITIONS -

SECTION I, and
SECTION II - Plumbers.

My 'final' decision when handed down, will deal with the following Sections of the Building Trades Award -

PART I - WAGE RATES, SECTION III - Builders Labourers,

and

PART II - CONDITIONS, SECTION III - Builders Labourers.

I have decided upon this course of action because the Federal Award, so far as it relates to Builders Labourers, has not yet been amended by the Australian Conciliation and Arbitration Commission to incorporate the National Wage Decision because of a number of disputes involving Builders Labourers.

Mr. A.J. Smith, representing the Master Builders' Association of Tasmania, requested that the Commission reserve its decision on that part of the Award affecting Builders Labourers, pending the outcome of any decision from the Federal Commission.

Mr. T. J. Edwards, representing the Tasmanian Chamber of Industries, stated that the position of the Tasmanian Chamber of Industries was similar to that of Mr. Smith, except they (T. C. I.) wished to reserve their rights and, if necessary, ask the Commission to reconvene the hearing, depending on the outcome of the Builders' Labourers Federation claim currently before the Australian Conciliation and Arbitration Commission.

As this Award has a strong nexus with the Federal Award, the request put to me by the Master Builders' Association of Tasmanian and the Tasmanian Chamber of industries receives my support.

Therefore, I only intend dealing with -

PART I, SECTION I, SECTION II and SECTION VI - Clause 5 of the Building Trades Award.

and

PART II, SECTION I and SECTION II of the Building Trades Award

in this 'interim' decision.

Mr. N.A. Currie, representing the Building Workers Industrial Union, opened his submission by advising the Commission that he wished to amend his original claim to increase by 2.6% wage rates and allowances in the following sections of the Building Trades Award.

PART I - WAGE RATES, Section I, Section II Plumbers, Section III - Builders Labourers and Section VI - Weekly Hire, Maintenance & Workshops, Clause 5 - Tools and Tool Allowance.

PART II - CONDITIONS, Section I, Section II - Plumbers, and Section III - Builders Labourers.

In the case of certain nominated tool allowances, it was shown by way of exhibit that the increase agreed to by the parties was, in fact, 3.96% which had arisen out of a decision handed down by Mr. Justice Alley of the Australian Conciliation and Arbitration Commission earlier this year.

Mr. Currie put to me that the claim for 2.6% increase (except in the case of certain tool allowances), arose out of a decision made by the Full Bench of the Australian Conciliation and Arbitration Commission, and the Tasmanian Industrial Commission, being the upward movements in the Consumer Price Index for the September and December 1984 quarters.

It was also put to me that the parties had reached agreement on all matters contained in the claim as it relates to Part I, Section I, Section II - Plumbers and Section VI - Weekly Hire, Maintenance and Workshops, Clause 5 - Tools and Tool Allowance and, Part II, Section I and Section II - Plumbers.

Exhibits were then presented reflecting the agreement see C1, C2, C3, H1, attached.

Mr. Smith representing the Master Builders' Association, stated that the National Building Trades Award and the Plumbers Award were varied by Mr. Justice Alley on 7 May 1985, after the unions had reaffirmed their commitment to the National Wage Principles and to the Memorandum of Understanding and, where appropriate, all bans were lifted.

He went on to say that he believed, in Tasmania, there had been substantial compliance to the National Wage Principles, however, there had been some isolated instances that the Master Builders' Association considered to be breaches but, in the main, the Building Industry agreement was working well in the State and his organisation did not want to do anything to frustrate that position.

Mr. M. Fruin, representing the Tasmanian Chamber of Industries, concurred with the sentiments expressed by Mr. Smith and agreed that the particular amendments submitted by way of exhibits should be accepted by the Commission.

The parties in tendering the exhibits, stressed their desire to continue the nexus with the respective Federal awards.

DECISION

I have considered the submissions made by the parties and I am satisfied that the claim does not infringe upon the requirements of the Industrial Relations Act 1984, and is within the Wage Fixing Principles adopted by the Commission.

I have therefore decided to grant the claim by amending:-

A.  PART I - WAGE RATES, Section I, as per Exhibit C1 (see attachment),

B.  PART I - WAGE RATES, Section II - Plumbers as per Exhibit H1
    (see attachment),

C.  PART I - WAGE RATES, Section VI - Weekly Hire, Maintenance and
    Workshops, Clause 5 Tools and Tool Allowance as per Exhibits C3 and H1
    (see attachments).

D.  PART II - CONDITIONS, Section I as per Exhibit C2 (see attachment)

E.  PART II - CONDITIONS, Section II - Plumbers, Clause 2 - Special Rates
    by increasing the rates appearing therein by 2.6%

I further decide that the operative date for all variations submitted by the parties on these matters be from the first full pay period to commence on or after 6 April 1985. Order Parts I and II

R.J. WATLING
COMMISSIONER