T6315 and T6372
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 The Australian Workers' Union, Tasmania Branch Construction, Forestry, Mining and Energy Union, BUILDING AND CONSTRUCTION INDUSTRY AWARD
Award variation - Clause 8 - wage rates - 3rd $8 SNA - increase work related allowances - Clause 17 - first aid allowance - Clause 27 - multi storey allowance - Clause 43 - special rates - Clause 29 - parental leave - part D - amendment to cross reference - consent matter - application approved - op ffpp 20 Aug 96 REASONS FOR DECISION These two applications, which were joined at the outset, were for the third $8.00 Safety Net Adjustment (SNA) to be applied to the Building and Construction Industry Award (the Award) in accordance with the terms of the State Wage Case decision1 of a full bench of the Commission on 24 July 1996 (the July 1996 State Wage Case decision). They also sought to amend the Award by correcting a cross reference error in Clause 29 - Parental Leave. The applications were made by the Construction, Forestry, Mining and Energy Union, Tasmanian Branch (the CFMEU) and The Australian Workers' Union, Tasmania Branch (the AWU). The CFMEU advised the Commission that 12 months had elapsed since the second SNA2 had been implemented in the Award. The CFMEU said the applications sought to maintain a nexus with the Federal Award so that, for example, some allowance increases were related to the Federal Award amounts, but, others were increased by the agreed 5.75% reflecting the effect of all three SNA's. A draft order including the relevant allowance increases and agreed by the parties to the Award was produced and the CFMEU gave a commitment to take part in a review of the Award as required in paragraph 7.3.2.3 of the Guidelines of the Commission set down in the July 1996 State Wage Case decision. The CFMEU requested that the claimed amendments operate from the first full pay period to commence on or after 20 August 1996. The AWU supported the submissions of the CFMEU and gave the required commitment. The Tasmanian Chamber of Commerce and Industry Limited endorsed the submissions of the two unions and confirmed its agreement to the proposed amendments including the date of operation. I am satisfied that the requirements of the Guidelines of the Commission and the Act have been met in these matters: the applications are granted and an order operative from the first full pay period to commence on or after 20 August 1996 is attached.
P A Imlach Appearances: Date and place of hearing: 1 T6284 of 1996 and T6305 of 1996 |