T8918, T8919, T8920 - 7 July
|
TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Construction, Forestry, Mining and Energy Union, Tasmanian Branch and Colony 47 Inc.
Industrial dispute - alleged breach Building and Construction Industry Award - Clause 8 Wage Rates and Allowance - Clause 19 Hours - nature of work performed - whether employees covered by award - whether employer bound by award - arbitrated - employees covered by Building and Construction Industry Award - employer bound by award - employees paid on basis of decision dated 17 May 2000 - no order necessary REASONS FOR A FURTHER DECISION On 31 March 2000, the Construction, Forestry, Mining and Energy Union, Tasmanian Branch (the applicant), applied to the President, pursuant to s.29(1) of the Industrial Relations Act 1984, for a hearing before a Commissioner in respect of an industrial dispute with Colony 47 Inc. (the employer) arising out of an alleged breach of the Building and Construction Industry Award in respect of Clause 8 - Wage Rates and Clause 19 Hours affecting three employees, Mr Dean Eaves, Mr Errol Ford and Mr Brendon Goss. On 4 April 2000, the President convened a hearing at 'Lyndhurst', 448 Elizabeth Street, North Hobart, Tasmania, before myself, to commence on Wednesday, 12 April 2000 at 9.30 am. That hearing took place on that date. Subsequently a decision was issued dated 17 May 2000. The substance of the dispute was that the applicant union claimed that the three employees concerned were subject to the Building and Construction Industry Award and that the employer was in breach of that award, in that it had paid to the employees wages which were less than the amounts stipulated in the award, and that it had failed to comply with other aspects of the award. The employer contended that the work performed was "award-free", and that, even if the work performed was found to be within the scope of the award, the employer was not in the building industry, and, therefore, the award had no application to the employer. A decision was issued by myself dated 17 May 2000, in which I found that the three employees performed fencing work which fell within the scope of the Building and Construction Industry Award, and that the employer, Colony 47 Inc. was bound by the award. At the conclusion of my initial decision I said inter alia:
The hearing reconvened on 22 June 2000 and was adjourned into conference, with the Commission, following which Mr Bill White, for the applicant union, tendered a number of documents setting out in detail the amounts claimed. Mr Bessell, a legal practitioner appearing for the respondent employer, sought and was granted an adjournment in order to check the figures tendered, to make further enquiries, to take instructions in relation to the detail of the claim, and to give advice to his client. The hearing resumed on 29 June 2000, and following an adjournment into conference, the parties reported that the matter had been settled on the basis of the findings in the decision of this Commission dated 17 May 2000, namely, that the employees be paid according to the terms and conditions of the Building and Construction Industry Award The parties agreed that, in the circumstances, there was no need for the Commission to issue an Order. As the dispute which gave rise to this application has now been settled, there is nothing further for the Commission to do. Accordingly, I discontinue the hearing pursuant to Section 21(2][c] of the Act, dismiss the matter and close the file.
P C Shelley Appearances: Date and place of hearing: |