TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.23 application for award or variation of award

Construction, Forestry, Mining and Energy Union, Tasmanian Branch
(T9396 of 2001)
(T9397 of 2001)

BUILDING AND CONSTRUCTION INDUSTRY AWARD
BUILDING TRADES AWARD

Award variation - expense related allowances - applications approved - awards varied - operative date ffpp 22 February 2001

REASONS FOR DECISION

On 29 January 2001 applications were lodged by the Construction, Forestry, Mining and Energy Union, Tasmanian Branch (CFMEU), pursuant to Section 23 of the Industrial Relations Act 1984, to vary the Building and Construction Industry Award and the Building Trades Award.

In these proceedings the applicant, CFMEU, applied to vary certain expense related allowances in the above Awards. The purpose of the applications, which I heard together, is to reflect changes that have occurred in the federal National Building and Construction Industry Award 2000 occasioned by statistical movement in relevant aspects of the Consumer Price Index.

When the matter came on for hearing on 22 February 2001 Mr A Benson appeared for the CFMEU and Mr R Flanagan appeared for the The Australian Workers' Union, Tasmania Branch (AWU). Mr R Rollins appeared for the Tasmanian Chamber of Commerce and Industry Limited (TCCI) and The Master Builders' Association of Tasmania (MBAT).

Mr Benson outlined the method of calculation for each of the variations, details of which will be kept on the file. Mr Flanagan advised that the AWU supported the applications.

Mr Rollins advised that he had conferred with the applicant and as a consequence both the TCCI and MBAT were in a position to consent to the applications.

I was further advised that the parties were continuing discussions in relation to a rationalisation of the two Awards, a matter which I note was referred to in the decision of Johnson DP when dealing with a similar application on 7 October 1997.

I am satisfied that the applications are consistent with the Wage Fixing Principles and the public interest section of the Act. The Awards will therefore be varied in the manner sought, effective from the beginning of the first full pay period to commence on or after 22 February 2001. My Orders accompany this decision.

Tim Abey
COMMISSIONER

Appearances:
Mr A Benson for the Construction, Forestry, Mining and Energy Union, Tasmanian Branch
Mr R Flanagan for The Australian Workers' Union, Tasmania Branch
Mr R Rollins for the Tasmanian Chamber of Commerce and Industry Limited and The Master Builders' Association of Tasmania

Date and Place of Hearing:
2001
February 22
Hobart