T6538 and T6539
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Construction, Forestry, Mining and Energy Union, BUILDING AND CONSTRUCTION INDUSTRY AWARD
Award variation - expense related allowances - consent matters - applications approved - operative date ffpp 16 October 1996 REASONS FOR DECISION The applicant in these proceedings, the Construction, Forestry, Mining and Energy Union, Tasmanian Branch (CFMEU), seeks to vary expense related allowances in the Building and Construction Industry and Building Trades Awards. The specific purpose of the applications is to reflect changes in the federal National Building and Construction Industry Award 1990 occasioned by movements in relevant aspects of the Consumer Price Index for the period 1 July 1995 to 30 June 1996. The Commission last varied these awards for a similar purpose in November 1995. With the consent of the parties I heard both matters together. Mr T Benson appeared for CFMEU, Ms J Thomas appeared for the Tasmanian Chamber of Commerce and Industry Limited (TCCI) and Mr C Atkins appeared for the Master Builders' Association of Tasmania (MBAT). I also amended the applications, with the consent of the parties, to correct some clauses wrongly enumerated and to include other clauses inadvertently omitted from the proposed orders. Mr Benson contended for CFMEU that the applications, as amended, are consistent with Paragraph 9.1.1 of the Wage Fixing Principles and contain no matters that are contrary to the provisions of Section 36 of the Act concerning public interest. In these circumstances, he submitted, I should vary each of the awards concerned, effective from the first full pay period to commence on or after the date of hearing, that is 16 October 1996. Ms Thomas for TCCI and Mr Atkins for MBAT both concurred with the submissions of Mr Benson, confirming that the proposed variations do not offend current Wage Fixing Principles or the public interest as provided for in Section 36 of the Act. Both organisations consented to the applications in their amended form and offered no objection to the suggested operative date. The parties' submissions satisfy me that the proposed variations are in accordance with the current Wage Fixing Principles and that there are no reasons in the public interest that require me to refuse to amend the awards in the manner sought. In these circumstances, I grant the applications, as amended, and vary the awards accordingly, effective from the first full pay period to commence on or after today's date, that is 16 October 1996. My formal Orders will follow in due course.
B R Johnson Appearances: Date and Place of Hearing: |