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T11434

 

TASMANIAN INDUSTRIAL COMMISSION

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

Construction, Forestry, Mining and Energy Union, Tasmanian Branch
(T11434 of 2004)

BUILDING AND CONSTRUCTION INDUSTRY AWARD

 

COMMISSIONER T J ABEY

HOBART, 17 December 2004

Award variation - Clause 38 - Amenities - consent application - application approved - operative date 15 December 2004

REASONS FOR DECISION

[1] On 6 April 2004 an application was lodged by the Construction, Forestry, Mining and Energy Union, Tasmanian Branch, pursuant to Section 23 of the Industrial Relations Act 1984, to vary the Building and Construction Industry Award.

[2] When this matter came on for hearing on 15 December 2004, Mr B White appeared for the Construction, Forestry, Mining and Energy Union, Tasmanian Branch, Mr R Flanagan appeared for the Australian Workers' Union, Tasmania Branch, Mr C Atkins appeared for the Master Builders' Association of Tasmania and Mr P Mazengarb appeared for the Tasmanian Chamber of Commerce and Industry Limited.

[3] This application seeks to include comprehensive provisions in relation to amenities for employees engaged on building work.

[4] Mr White explained that the application had been the subject of extensive negotiations between the parties since the matter was last before the Commission. This had resulted in an agreed position being reached.

[5] Mr Flanagan supported the application, noting that it was limited to building work. Comprehensive provisions already exist for employees engaged on civil construction and maintenance work.

[6] Mr Atkins and Mr Mazengarb consented to the application.

[7] The proposed variation is comprehensive in nature and does ensure that appropriate amenities are to be provided. The clause does however recognise the practicalities associated with different types of building construction sites.

[8] I am satisfied that the application is consistent with both the Wage Fixing Principles and the public interest requirements of the Act.

[9] The application is granted operative from 15 December 2004.

[10] The Order reflecting this variation is attached.

 

Tim Abey
COMMISSIONER

Appearances:
Mr B Stirling (24-5-04) and Mr B White for the Construction, Forestry, Mining and Energy Union, Tasmanian Branch
Mr R Flanagan for the Australian Workers' Union, Tasmania Branch
Mr C Atkins for the Master Builders' Association of Tasmania
Mr P Mazengarb for the Tasmanian Chamber of Commerce and Industry Limited

Date and Place of Hearing:
2004
May 24
December 15
Hobart