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T10974

 

TASMANIAN INDUSTRIAL COMMISSION

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

Construction, Forestry, Mining and Energy Union
[T10974 of 2003]

Mobile Crane Hire Award

 

COMMISSIONER P C SHELLEY

HOBART, 3 September 2003

Award variation - variation of clause 3(c)- Casual Employment of Part II - consent matter - application granted - award varied - operative date ffpp 29 August 2003

REASONS FOR DECISION

[1] On 23 July 2003, an application was lodged by the Construction, Forestry, Mining and Energy Union, pursuant to s.23 of the Industrial Relations Act 1984, to vary the Mobile Crane Hire Award.

[2] The application sought to vary Part II - Employment Relationship and Related Matters Clause 3 - Employment Categories subclause (c) - Casual Employment of the Award to reflect the casual employment provisions of the Mobile Crane Hiring Award 2002, an award of the Australian Industrial Commission

[3] A hearing commenced at the Commonwealth Law Courts, 39-41 Davey Street, Hobart on Friday 29 August 2003 at 9.30 am.

[4] At the hearing Mr B Stirling appeared on behalf of the Construction, Forestry, Mining and Energy Union while Mr P Mazengarb appeared for the Tasmanian Chamber of Commerce and Industry Limited.

[5] Both parties gave oral submissions in support of the application. Having considered these submissions, I am satisfied that the application satisfies s.36 of the Act, therefore the award will be varied in the manner sought.

[6] The order reflecting this decision, with an operative date of 29 August 2003, is attached.

 

P C Shelley
COMMISSIONER

Appearances:
Mr B Stirling for the Construction, Forestry, Mining and Energy Union
Mr P Mazengarb for the Tasmanian Chamber of Commerce and Industry Limited

Date and place of hearing:
2003
August 29
Hobart