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Tasmanian Industrial Commission

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T1175, T1180, T1182, T1183, T1186, T1190, T1197, T1213 and T1235

 

IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

 

T1175, 1180, 1182, 1183, 1186,
1190, 1197, 1213 & 1235 of 1988
IN THE MATTER OF APPLICATIONS BY THE OPERATIVE PAINTERS AND DECORATORS' UNION OF AUSTRALIA, TASMANIAN BRANCH; THE AMALGAMATED SOCIETY OF CARPENTERS AND JOINERS OF AUSTRALIA, TASMANIAN BRANCH; THE OPERATIVE PLASTERERS AND PLASTER WORKERS' FEDERATION OF AUSTRALIA, TASMANIAN BRANCH; THE BUILDING WORKERS' INDUSTRIAL UNION OF AUSTRALIA (TASMANIAN BRANCH); THE AUSTRALIAN BUILDING CONSTRUCTION EMPLOYEES' AND BUILDERS LABOURERS' FEDERATION, TASMANIAN BRANCH; THE AUSTRALIAN WORKERS' UNION, TASMANIA BRANCH; THE FEDERATED CLERKS UNION OF AUSTRALIA, TASMANIAN BRANCH; THE FEDERATED ENGINE DRIVERS' AND FIREMEN'S ASSOCIATION OF AUSTRALASIA, TASMANIAN BRANCH AND THE TRANSPORT WORKERS' UNION OF AUSTRALIA, TASMANIAN BRANCH FOR THE MAKING OF A NEW AWARD
   
  RE: BUILDING AND CONSTRUCTION INDUSTRY AWARD
   
COMMISSIONER R.J. WATLING HOBART, 28 May 1990
   

REASONS FOR DECISION

   
APPEARANCES:  
   
For The Operative Painters and
Decorators' Union of Australia,
Tasmanian Branch
- Mr. B. Thompson
   
For The Amalgamated Society of
Carpenters and Joiners of Australia,
Tasmanian Branch
- Mr. A. Grubb
   
For the Federated Clerks Union of
Australia, Tasmanian Branch
- Mr. A. Grubb
   
For The Operative Plasterers and
Plaster Workers' Federation of
Australia, Tasmanian Branch
- Mr. M. Clifford
   
For The Building Workers' Industrial
Union of Australia (Tasmanian Branch)
- Mr. M. Clifford
   
For The Australian Building Construction
Employees' and Builders Labourers'
Federation, Tasmanian Branch
- Mr. J. Gill
   
For The Federated Furnishing Trade
Society of Australasia,
Tasmanian Branch
- Mr. J. Gill
   
For The Australian Workers' Union,
Tasmania Branch
- Mr. V. Jacobs
   
For The Federated Engine Drivers' and
Firemen's Association of Australasia,
Tasmanian Branch
- Mr. M. Grey
   
For the Transport Workers' Union of
Australia, Tasmanian Branch
- Mr. G. Warn
   
For The Federated Ironworkers'
Association of Australia,
Tasmanian Branch
- Mrs. E. Smyth
  (intervenor)
   
For The Plumbers & Gasfitters Employees'
Union of Australia, Tasmanian Branch
- Mr. R. Hevey
  (intervenor)
   
For The Master Builders' Association
of Tasmania
- Mr. A. Lenthall
  (intervenor)
   
For the Tasmanian Confederation
of Industries
- Mr. T. Edwards
  (intervenor)
   

In its decision dated 3 May 1988, the Commission as currently constituted endorsed submissions for the making of a new award to be known as the 'Building and Construction Industry Award', along with a proposed 'Scope' clause identifying the industry of the employer.

This hearing is a resumption of those applications which gave rise to the previously- mentioned preliminary decision. However, in their opening submissions on this occasion, The Federated Clerks Union of Australia, Tasmanian Branch and The Transport Workers Union of Australia, Tasmanian Branch sought and were granted leave to withdraw their applications, being T1197 and T1235 of 1988 respectively.

Until now the parties have been reluctant to place any additional submissions which would enable the making of the new award to be finalised.

Submissions were presented on the remaining applications by:

The Building Workers' Industrial Union of Australia (Tasmanian Branch);

The Operative Plasterers and Plaster Workers' Federation of Australia, Tasmanian Branch;

The Amalgamated Society of Carpenters and Joiners of Australia, Tasmanian Branch;

The Australian Building Construction Employees' and Builders Labourers' Federation, Tasmanian Branch;

The Federated Furnishing Trade Society of Australasia, Tasmanian Branch

The Australian Workers' Union, Tasmania Branch;

The Federated Engine Drivers' and Firemen's Association of Australasia, Tasmanian Branch;

The Federated Ironworkers' Association of Australia, Tasmanian Branch;

The Plumbers and Gasfitters Employees' Union of Australia, Tasmanian Branch;

The Operative Painters and Decorators' Union of Australia, Tasmanian Branch;

The Master Builders' Association of Tasmania;

The Tasmanian Confederation of Industries.

Because of changed circumstances, the parties requested the Commission to make the new Building and Construction Industry Award in stages which would initially see the finalisation of the building industry sector of the award before turning attention to the construction sector or weekly hire and maintenance employees.

It was said that the setting aside of these sections to be heard at a later date, would enable further discussions to take place between the unions and the employers involved in the construction industry.

I was also advised that the submissions presented by Mr. Edwards, and highlighted in the preliminary decision dated 3 May 1988, remained the position of the applicants and the intervenors in this matter.

Those submissions were:

"...applications will be made seeking variations to the Mechanical Engineers Award and the Electrical Engineers Award to cover certain categories of employees employed in the construction industry.

Notice was also given that application will be made to amend the Scope clause appearing in the Plumbers Award for the purpose of making sure plumbers employed in the building and construction industry were adequately covered."

Having given careful consideration to the matters before me, I hereby determine that:

1. An award be made called the 'Building and Construction Industry Award'.

2. On an interim basis only, the 'Scope' of the award be confined to that of the building industry.

3. Submissions relating to construction, weekly hire and maintenance be heard and determined at a later date.

My reasons for creating the 'Building and Construction Industry Award' are given in my preliminary decision dated 3 May 1988 and I see no useful purpose being sought by reiterating those reasons in this further decision.

I agreed with the organisations making submissions in this matter that it would be more appropriate to deal with each of the sectors separately as the making of a new award such as this is highly complex and has the potential to create demarcation disputes.

There is also the need to consider the effect this award would have on other awards of the Commission (namely, the Electrical Engineers; Mechanical Engineers and Plumbers Awards) when determining provisions for the construction side of the industry as well as any other consequential matters that may give rise to amendments being required to other awards of the Commission.

Having made this decision, it would now be open to registered organisations who believe they have an interest in this award to make application in accordance with the Industrial Relations Act 1984.

I believe that a limited number of unions and employer organisations will seek an interest in the award at this stage as the 'Scope' is reasonably limited.

However, I have no doubt that other organisations would be seeking an interest in the award when we come to deal with the construction or weekly hire and maintenance employees. This, of course, will be dealt with at a later date.

After the question of award interest has been finalised, I will continue to hear submissions on the contents of the award as it relates to this interim 'Scope'.

The Orders giving effect to this decision are attached and will be operative from 28 May 1990.

 

R.J. Watling
COMMISSIONER