Department of Justice

Tasmanian Industrial Commission

www.tas.gov.au
Contact  |  Accessibility  |  Disclaimer

T1183, T2439, T2500, T1180, T2509, T1186, T2525, T1175, T2579, T1343, T2595, T2596, T2597, T1192, T1213, T2602, T2512, T2583, T2635, T2636, T2580, T2627 and T1190

 

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.23 application for awards and variations of awards

 

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

(T.1183 of 1988, T.2439 and T.2500 of 1990)

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

(T.1180 of 1988 and T.2509 of 1990)

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

(T.1186 of 1988 and T.2525 of 1990)

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

(T.1175 of 1988 and T2579 of 1990)

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

(T.1343 of 1988, T.2595, T.2596 and T.2597 of 1990)

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

(T.1182 of 1988)

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

(T.1213 of 1988 and T.2602 of 1990)

Federated Clerks Union of Australia,
Tasmanian Branch

(T.2512, T.2583, T.2635 and T.2636 of 1990)

Transport Workers' Union of Australia,
Tasmanian Branch

(T.2580 and T.2627 of 1990)

The Australian Workers' Union
Tasmania Branch

(T.1190 of 1988)

and

Tasmanian Confederation of Industries

Air Conditioning Contractors' Employers Industrial Relations Group

The Master Plumbers' Association of Tasmania

The Master Builders' Association of Tasmania

Tasmanian Sawmillers Industrial Association

The Retail Traders Association of Tasmania

BUILDING TRADES AWARD
BUILDING AND CONSTRUCTION INDUSTRY AWARD
PLUMBERS AWARD

 

COMMISSIONER R. J. WATLING

HOBART, 26 October 1990

Wage Rates - State Wage November 1989 - Structural Efficiency Principle - second stage

REASONS FOR DECISION

These numerous applications are all associated with the second structural efficiency increase pursuant to the Wage Fixing Principles.

As all matters are interwoven and some rely on affirmative decisions before others can be dealt with, it is by necessity that I address all matters in this decision as all have a common operative date.

On the last day of hearing I indicated to the parties that the Commission endorsed the proposals for the second stage increase along with the operative date agreed to by the parties this being the first full pay period to commence on or after 23 July 1990. These are my reasons for doing so.

For some time now, the parties to the Building Trades Award and the Plumbers Award have been negotiating an Award restructuring package.

The main aim and final objective of the discussions was to:

(a) Establish a new award for the building and construction industry (excluding electrical, metals and plumbing).

(b) Vary the Plumbers Award to encompass plumbers working in the building and construction industry under a single award.

(c) Eventually convert the current Building Trades Award into a building trades "off site" award.

(d) Remove clerks and carter/driver classification from the Building Trades Award and the Plumbers Award and place those classifications in (1) the newly established Clerical and Administrative Employees (Private Sector) Award in the case of Clerks and (2) the newly established Transport Workers General Award in the case of carters and drivers.

During the course of the hearing the parties presented a series of award amendments and initiatives as part of a package which they believed were sufficient to warrant the awarding of the second structural efficiency increase.

I do not intend going over all the issues raised during the course of the hearing as they can be found in the transcript, however, I would have to say, that apart from making the new award, the structural efficiency and package is, in all the awards subject to these applications, very similar to that adopted by the Australian Industrial Relations Commission for the National Building and Construction Industry Award 1990.

Even though the parties have a little way to go before achieving their final objectives nevertheless I believe the award amendments, along with the making of the first stage of the Building and Construction Industry Award, and the ongoing award restructuring programme, taken as a whole, are sufficient to warrant the second structural efficiency adjustment.

The package presented by the parties conforms with the Wage Fixing Principles and is consistent with the public interest and requirements of the Act, therefore the award will be varied in the manner sought by the parties and I decide accordingly.

The Orders giving effect to this decision are attached.

ON-GOING PROGRAMME

As the making of the Building and Construction Industry Award and specifically the construction side of that Award has not been finalised, the following applications remain live; they are: T.1175, 1180, 1182, 1183, 1186, 1190 and 1213 of 1988 and they will be used as the vehicle to complete the making of the Building and Construction Industry Award which I expect will commence within the first quarter of 1991.

Applications T.2512 and 2583 of 1990 were made by the Federated Clerks Union of Australia (Tasmanian Branch) to have Clerks classifications removed from the Building Trades Award and the Plumbers Award. These matters have been adjourned sine die at the request of the applicant. Therefore they will be relisted at the applicant's request when the parties are prepared to proceed.

Application T.2580 of 1990 made by the Transport Workers' Union of Australia, Tasmanian Branch for the purpose of removing Carter and Driver classifications from the Building Trades Award has been adjourned at the request of the applicant and I will await confirmation from that organisation before it is relisted.

 

R J Watling
COMMISSIONER

Appearances:
M Clifford and M Cordwell for the Building Workers' Industrial Union of Australia (Tasmanian Branch).
J Gill for The Australian Building Construction Employees' and Builders Labourers' Federation, Tasmanian Branch.
R Hevey for The Plumbers and Gasfitters Employees' Union of Australia, Tasmanian Branch.
M Dowd and A Grubb for The Amalgamated Society of Carpenters and Joiners of Australia, Tasmanian Branch.
B Hansch for the Transport Workers' Union of Australia, Tasmanian Branch.
W Thompson and R Hevey for The Operative Painters and Decorators' Union of Australia, Tasmanian Branch.
M Clifford and M Grey for The Federated Engine Drivers' and Firemen's Association of Australasia, Tasmanian branch.
A Grubb for the Federated Clerks Union of Australia, Tasmanian Branch.
J Gill and R Orange for the Federated Furnishing Trade Society of Australasia, Tasmanian Branch.
J Long and J Glisson for the Federated Ironworkers' Association of Australia, Tasmanian Branch.
A Lenthall and K Brotherson for the Master Builders' Association of Tasmania.
D Harding for The Amalgamated Metal Workers' Union.
T Edwards and K Brotherson for the Tasmanian Confederation of Industries.

Date and Place of Hearing:
1990
Hobart
June 6
July 12, 27
August 22, 24.