TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.55 application for filing of an industrial agreement

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

and

Midland Contracting and Pole Renewals Pty Ltd
[T12798 of 2006]

MIDLAND CONTRACTING AND POLE RENEWALS PTY LTD
s55 INDUSTRIAL AGREEMENT 2006-2008

Industrial Agreement - agreement approved - operative 7 November 2006 - to remain in force until 1 March 2009 - forwarded to the Registrar for registration

REASONS FOR DECISION

[1] This application, lodged on 19 September 2006 pursuant to s.55 of the Industrial Relations Act 1984 by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Midland Contracting and Pole Renewals Pty Ltd, was for the purpose of filing an industrial agreement with the Commission.

[2] On 20 September 2006, the Commission convened a hearing at Commonwealth Law Courts, 39-41 Davey Street, Hobart, Tasmania, before myself, to commence on Tuesday, 3 October 2006. However, as there were no parties in attendance on that day the application was adjourned sine die.

[3] On 10 October 2006 the Commission wrote to the parties requesting their advice on the status of the application. On 27 October 2006, Mr Harkins for the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia requested the application be relisted for hearing. On 27 October 2006, the Commission again convened a hearing at Commonwealth Law Courts, 39-41 Davey Street, Hobart, Tasmania, to commence on Tuesday, 7 November 2006 at 9.10 am.

[4] The agreement, to be known as the Midland Contracting and Pole Renewals Pty Ltd s55 Industrial Agreement 2006-2008, is to be operative from 7 November 2006 and it is to remain in force until 1 March 2009. The agreement applies to all employees of Midland Contracting and Pole Renewals Pty Ltd employed under classifications as referred to in Clause 3 of the agreement and shall only apply to the employer's operations and work carried out in the State of Tasmania.

[5] Mr K Harkins for the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and for Midland Contracting and Pole Renewals Pty Ltd, presented a submission in support of their consent application.

[6] Having considered the submission of the parties, I am satisfied that the agreement is consistent with both the Wage Fixing Principles and the public interest requirements of the Act, and I decide accordingly. I have also ensured that there is no disadvantage for the employees covered by the agreement.

[7] The file will now be referred to the Registrar in accordance with the requirements of s.56(1) of the Act.

James P McAlpine
COMMISSIONER

Appearances:
Mr K Harkins for the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia; and for Midland Contracting and Pole Renewals Pty Ltd

Date and place of hearing:
2006
October 3
November 7
Hobart