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T12185, T12186, T12187 and T12188

 

TASMANIAN INDUSTRIAL COMMISSION

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

Construction, Forestry, Mining and Energy Union, Tasmanian Branch

(T12185 of 2005)
Monumental Masons Award

(T12186 of 2005)
Mobile Crane Hire Award

(T12187 of 2005)
Building and Construction Industry Award

(T12188 of 2005)
Building Trades Award

 

DEPUTY PRESIDENT SHELLEY

HOBART, 14 December 2006

Award variation - long service leave - consent matter - application granted - award varied - operative date ffpp on or after 13 December 2006

REASONS FOR DECISION

[1] On 2 August 2005, applications were made, pursuant to s23 of the Industrial Relations Act 1984, by the Construction, Forestry, Mining and Energy Union, Tasmanian Branch (CFMEU) to vary the Monumental Masons Award, the Mobile Crane Hire Award, the Building and Construction Industry Award and the Building Trades Award.

[2] The applications sought to vary the awards with respect to Long Service Leave.

[3] A hearing commenced at the Commonwealth Law Courts, 39-41 Davey Street, Hobart on Friday 26 August 2005. Mr W White appeared for the applicant with Mr M Reeves. Mr M Watson appeared for the Tasmanian Chamber of Commerce and Industry Limited (TCCI). The matter was adjoined sine die and resumed on Wednesday 13 December 2006 at the request of the applicant. On this date Mr White again appeared for the CFMEU. Mr P Mazengarb appeared for the TCCI.

[4] Oral submissions were presented by Mr White and by Mr Mazengarb. Having considered those submissions, I am satisfied the variations sought do not offend s.36 of the Act and are consistent with the Wage Fixing Principles and I approve the variations.

[5] The Orders giving effect to this Decision are attached.

 

P C Shelley
DEPUTY PRESIDENT

Appearances:
Mr W White for the Construction, Forestry, Mining and Energy Union, Tasmanian Branch
Mr M Watson for the Tasmanian Chamber of Commerce and Industry Limited on 26 August 2005
Mr P Mazengarb for the Tasmanian Chamber of Commerce and Industry Limited on 13 December 2006

Date and place of hearing:
2005
August 26
2006
December 13
Hobart