T9520, T9531, T9532, T9533, T9521 and T10465 - 30 September 2002
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Construction, Forestry, Mining and Energy Union, Tasmanian Branch (T9520 of 2001) (T9521 of 2001) s.32(7A) application to rescind an award CIVIL CONSTRUCTION AND MAINTENANCE AWARD
Award variation - structural efficiency principle - award review process - demarcation - separate awards created for on-site and off-site work - operative date 1/10/2002 Award interest - Building Trades Award - deletion - Transport Workers' Union of Australia (Victorian/Tasmanian Branch) - Retail Traders Association of Tasmania - operative date 1/10/2002 Rescission of award - Civil Construction and Maintenance Award - order issued - operative date 1/10/2002 REASONS FOR FURTHER DECISION [1] As a consequence of a decision dated 20 August 2002, a further hearing took place on 4 September 2002 for the purpose of settling a number of matters that remained outstanding. This decision finalises all matters relating to the above applications. Drafting Corrections, Update of Certain Allowances [2] The parties agreed to a number of drafting modifications and corrections, together with an updating of a number of monetary allowances. In consenting to a number of the variations, Mr Mazengarb made it clear that consent on this occasion did not signify an acceptance by the TCCI of a nexus between these Awards and relevant Federal Awards operating in the same industries. [3] The variations referred to above are incorporated in the attached Orders. Award Interest: Building Trades Award [4] In T No. 9531 of 2001 the CFMEU seeks, pursuant to s.65A of the Act, to delete the Retail Traders Association of Tasmania from the Award Interest clause in the above Award. Mr Mazengarb, appearing for that organisation, indicated that the application was not opposed. [5] Pursuant to s.65A[3] I determine that the Retail Traders Association of Tasmania no longer has an interest in the Building Trades Award. This determination is referred to the Registrar in accordance with s.65A[6] of the Act. [6] In accordance with s.65A[6A], Clause 5 - Award Interest is varied by deleting reference to the Retail Traders Association of Tasmania. [7] In T No. 9533 of 2001, the CFMEU seeks, pursuant to s.65A of the Act, to delete the Transport Workers' Union of Australia [Victorian/Tasmanian Branch], from the Award Interest clause in the above Award. The Transport Workers' Union did not appear in this hearing, nor for that matter had they participated in any of the proceedings over the preceding 12 months leading to the making of new Awards. [8] As a consequence, on 6 September 2002, the Commission wrote to the Union in the following terms:
[9] The Transport Workers' Union did not respond to this correspondence. [10] In light of this, and given the substantially altered Scope clause, I am satisfied that the Transport Workers' Union no longer satisfies the requirements of s.63[10][c] relating to union membership of employees covered by the Award. [11] Pursuant to s.65A[3] I determine that the Transport Workers' Union of Australia (Victorian/Tasmanian Branch] no longer has an interest in the Building Trades Award. This determination is referred to the Registrar in accordance with s.65A[6] of the Act. [12] In accordance with s.65A[6A], Clause 5 - Award Interest is varied by deleting reference to the Transport Workers' Union of Australia [Victorian/Tasmanian Branch]. [13] In T No.9532 of 2001 the CFMEU seeks to delete the Tasmanian Sawmillers Industrial Association from the Award Interest clause in the above Award. However the application was not pursued. Pursuant to s.21[2][c], proceedings in relation to this application are discontinued. Civil Construction and Maintenance Award [14] The creation of a single on-site Award known as the Building and Construction Industry Award effectively incorporated the Scope of the Civil Construction and Maintenance Award. All parties agreed that, in the circumstances, this latter Award serves no useful purpose and would only lead to confusion if it continued on foot. [15] Having consulted with the parties, the Civil Construction and Maintenance Award is rescinded pursuant to s.32[7A] of the Act. The Order giving effect to this decision, operative from 1 October 2002, is attached. Operative Dates [16] The decision of 20 August 2002 determined that the operative date for the two restructured Awards would be from the beginning of the first pay period to commence on or after 1 October 2002. It is however essential that the operative date of these Awards coincide precisely with the rescission of the Civil Construction and Maintenance Award. The attached orders therefore reflect an operative date of 1 October 2002 in all cases.
Tim Abey Appearances: Date and Place of Hearing: |