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T11787

 

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s23 application for award or variation of award

Construction, Forestry, Mining & Energy Union, Tasmanian Branch
(T11787 of 2004)

RISDON PRISON REDEVELOPMENT PROJECT ENTERPRISE AWARD

 

PRESIDENT P L LEARY

HOBART, 29 November 2004

New award - application approved - operative date from 1/6/04

REASONS FOR DECISION

[1] This is an application pursuant to s 23 of the Industrial Relations Act 1984 (the Act) by the Construction Forestry Mining and Energy Union (CFMEU) to make a new enterprise award to be known as the Risdon Prison Redevelopment Project Enterprise Award (the award).

[2] The award is established to cover all on-site building and construction work associated with the Risdon Prison Project.

[3] The award defines the work to be performed as follows:

"Building and Construction Work:

(i) Work performed in or in connection with the excavation, erection, construction, repair, renovation or demolition of buildings.

(ii) Any other work carried out in the building and construction industry or demolition work in the building and construction industry.

Services trades work:

(i) Plumbing work performed in the plumbing industry as prescribed in the Plumbing Trades (Southern States) Construction Industry Award 1998.

(ii) Electrical services work carried out by electrical, electronic and communication contractors as prescribed in the National Electrical, Electronic and Communications Contracting Industry Award 1998.

(iii) Sprinkler and pipe fitting work as prescribed in the Sprinkler Pipe Fitters Award 1998."

[4] The following employee organisations have an interest in the award pursuant to s.63(10) of the Act.

Construction, Forestry, Mining and Energy Union, Tasmanian Branch;

Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union;

Communication, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.

[5] The following employer organisations have an interest in the award pursuant to s.63(10)

Master Builders' Association of Tasmania Inc.

Air Conditioning Contractors Employers Industrial Relations Group.

[6] The Tasmanian Chamber of Commerce and Industry Limited has an interest in the award pursuant to s.62(2) likewise the Tasmanian Trades and Labor Council pursuant to s.62(3) of the Act.

[7] The award has been negotiated by the parties and is presented to the Commission by consent.

[8] I have perused the provisions found in the award and am satisfied that it is in accord with the Wage Fixing Principles and the public interest requirements of the Act.

[9] The award is a special project award and is specific to the Rison Prison Redevelopment Project.

[10] The award came into effect from 1 June, 2004, and will remain in force until the project is `practically complete' which is defined as meaning that the works are complete except for minor omissions and defects that do not reasonably prevent the principal from using the works for their intended purpose.

 

P L Leary
PRESIDENT

Appearances:
Mr T Benson for the Construction, Forestry, Mining & Energy Union, Tasmanian Branch
Mr K Harkins for the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
Mr D Hanish for Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union
Mr M Kerschbaum for the Master Builders' Association of Tasmania Inc.
Mr F Ireland for the Air Conditioning Contractors Employees Industrial Relations Group

Date and place of hearing:
2004
November 9
Hobart