T6316 and T6373
|
TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 The Australian Workers' Union, Tasmania Branch Construction, Forestry, Mining and Energy Union, Tasmanian Branch BUILDING TRADES AWARD
Award variation - 3rd $8 SNA - increase work related allowances - Clause 8 - wage rates - clause 16 - first aid certificate allowance - Clause 26 - multi-storey allowance - Clause 42 - special rates - Clause 43 - special tools - Clause 56 - multi-storey allowance - Clause 60 - special rates -Clause 66 - first aid certificate allowance - consent matter - application granted - operative ffpp 20 Aug 96 REASONS FOR DECISION These two applications, which were joined at the outset of the hearing were for the third $8.00 Safety Net Adjustment (SNA) to be applied to the Building Trades 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 28 - 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 that the applications sought to maintain a nexus with the counterpart 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 percent 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 first full pay period to commence on or after 20 August 1996. The AWU supported the CFMEU and gave the required commitment. It was noted that a written commitment as outlined in Principle 7.3.2.3 of the Commission's Guidelines, specific to the Award, was received from the Transport Workers' Union of Australia, Tasmanian Branch, a party to the Award, on 12 August 1996. 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 in a consolidated form, 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: |