TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.29 application for hearing of an industrial dispute

The Australian Building Construction Employees' and
Builders Labourers' Federation,Tasmania Branch
(T.2963 of 1991)

and

Redline Coaches

Dismissal of Employee - Alleged Breach of the Building Trades Award

INTERIM DECISION

This application was made by the Australian Building Construction Employees' and Builders Labourers' Federation, Tasmanian Branch, (the union), pursuant to Section 29 (1) of the Industrial Relations Act 1984, to settle a dispute with Redline Coaches (the employer).

The dispute was over the alleged non-application of the Building Trades Award in accordance with Regulation 14 of the Industrial Relations Act 1984 and the dismissal of an employee.

The opening of the hearing on 1 March 1991 was delayed as the employer was not represented. However, sometime later, the employer, after being contacted by the Commission, was represented by Mr S Saward.

The Transport Workers' Union of Australia, Tasmanian Branch sought and was granted intervention in this matter as the dismissed employee was also a member of that union.

In his opening submission Mr Holden informed the Commission that the Transport Workers' Union of Australia, Tasmanian Branch and the Australian Building Construction Employees' and Builders Labourers' Federation, Tasmanian Branch, had reached agreement on how the matter should be processed. He said that the union he represented would be pursuing it's application in respect to the non-observance of the Building Trades Award and the Transport Workers' Union would make application to the Australian Industrial Relations Commission to have the dispute, as it related to the dismissal of the said employee, dealt with in that jurisdiction.

After hearing these preliminary submissions I recommended to the parties that discussion take place in an attempt to settle the dispute over the non-observance of the Building Trades Award during the time this employee was working on the H. C. Smith site.

To enable this to take place I adjourned the hearing sine die, however, I would expect the parties to report progress as soon as practicably possible. If in the event the outstanding matter is not resolved then I would be prepared to reconvene this hearing at the request of either party.

R J Watling
COMMISSIONER

Appearances:
Mr D Holden for the Australian Building Construction Employees' and Builders Labourers' Federation, Tasmanian Branch
Mr T Santi for the Transport Workers' Union of Australia, Tasmania Branch.
Mr S Saward for Redline Coaches.

Date and Place of Hearing:
1991
March 1
Launceston