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T3375

 

TASMANIAN INDUSTRIAL COMMISSION

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

Transport Workers' Union of Australia
Tasmanian Branch

(T.3375 of 1991)

BUILDING TRADES AWARD

 

COMMISSIONER R J WATLING

5 September 1991

Deletion of Division D - Carters and Drivers

REASONS FOR DECISION

In my decision dated 26 October, 1990, which varied the Building Trades, Award, Building and Construction Industry Award and the Plumbers Award1 to reflect the second structural efficiency increase, the parties submitted that as part of the ongoing programme to restructure the said awards, agreement had been reached to:

"Remove clerks and carter/driver classifications 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." (Page 3)

The main reason advanced by the parties at that time for not immediately pursuing the above mentioned course of action was that the appropriate new Clerical and Transport Workers' Awards had not been made in their entirety. That being the case they sought the adjournment of this pursuit until the Commission had finalised the making of those new awards.

In the case of transport workers, the new award has been made in its entirety and called the Transport Workers General Award.

This application seeks to remove wage rates and conditions of employment for carter/driver classifications from the Building Trades Award. The resulting effect will see transport workers falling within the scope of the Building Trades Award being encompassed within the scope of the Transport Workers General Award.

This matter is one of consent between the applicant union and the Tasmanian Confederation of Industries and the Master Builders Association of Tasmania.

As this matter forms part of the restructuring programme for the Building Trades Award I have decided to grant the application and vary the award accordingly.

Given this decision, I now require the Transport Workers' Union of Australia, Tasmanian Branch, to make application in accordance with section 65 of the Industrial Relations Act 1984 to have their interest in the Building Trades Award withdrawn.

The order giving effect to this decision will follow in due course and be operative from 8 September 1991.

 

R J Watling
COMMISSIONER

Appearances:
Mr B Hansch for the Transport Workers Union of Australia, Tasmania Branch.
Mr T Edwards for the Tasmanian Confederation of Industries.
Mr A Lenthall for the Master Builders Association of Tasmania.

Date and place of hearing:
1991
September 3
Hobart

1 T.Nos. 1183, 1180, 1186, 1175, 1343, 1192, 1213, 1190 of 1988 and T. Nos. 2439, 2500, 2509, 2525, 2579, 2596, 2595, 2597, 2602, 2512, 2583, 2635, 2636, 2580 and 2627 of 1990