TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.23 applications for award or award variation

Construction, Forestry, Mining and Energy Union,
Tasmanian Branch

BUILDING AND CONSTRUCTION INDUSTRY AWARD
(T.5222 of 1994)

BUILDING TRADES AWARD
(T.5223 of 1994)

Award variation - allowances - expense related allowances

REASONS FOR DECISION

These two applications, which were joined at the outset, were made by the Construction, Forestry, Mining and Energy Union, Tasmanian Branch (the CFMEU) and sought increases in various expense related allowances in the Building and Construction Industry Award and the Building Trades Award (the Awards).

The CFMEU advised the Commission that, in accordance with established practice, it was seeking the expense related increases in the Awards following the application of similar increases on 26 September 1994 in the National Building and Construction Industry Award 1990 of the Australian Industrial Relations Commission[Print L5025] (the AIRC). Those increases were based on the percentage increases in particular categories of the Australian Bureau of Statistics (ABS) Consumer Price Index (CPI), weighted average of eight capital cities between the June quarter 1993 and the June quarter 1994.

The CFMEU produced an exhibit showing the relationships between the percentage increases claimed, the relevant ABS categories and the specific allowances clauses in the Awards. Further exhibits in the form of draft orders detailing the actual increases were also submitted.

The CFMEU relied upon the established nexus between the AIRC Building Award and the Awards in this application.

The AWU-FIME Amalgamated Union, Tasmania Branch supported the CFMEU's applications.

The Tasmanian Chamber of Commerce and Industry Limited advised its consent to the applications and, in this particular case, confirmed the nexus relied upon by the CFMEU.

All parties sought for the claimed increases to apply from the first full pay period to commence on or after the hearing.

I accept the submissions of the parties and I am satisfied that the increases sought are in accordance with established practice and truly reflect the percentage increases over twelve months as set out in the ABS CPI for the June quarter 1994.

The increases will operate from the first full pay period to commence on or after 27 October 1994.

Orders are attached.

P A Imlach
COMMISSIONER

Appearances:
J. Gill with M. Cordwell for the Construction, Forestry, Mining and Energy Union, Tasmanian Branch.
C. Atkins for the Master Builders' Association of Tasmania.
S. Gates for the Tasmanian Chamber of Commerce and Industry Limited.

Date and place of hearing:
1994.
Hobart:
October 25.