TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.32(7A) application to rescind an award

Tasmanian Industrial Commission
(T13026 of 2007)

 

AUSTRALIAN CEMENT HOLDINGS ENTERPRISE AWARD

 

COMMISSIONER JP McALPINE

HOBART, 22 August 2008

Rescission of award - operative 22 August 2008

REASONS FOR DECISION

[1] This application, a motion by the Tasmanian Industrial Commission, sought to rescind the Australian Cement Holdings Enterprise Award.

[2] Section 32(7A) of the Act states -

“The Commission may, of its own motion or upon application by an organization and after consultation with such organizations as it considers appropriate, by notice in the Gazette, rescind an award it considers no longer serves any useful purpose.”

[3] The matter was set down for hearing on 16 October 2007, 22 January 2008 and 22 August 2008 in the Commonwealth Law Courts, 39-41 Davey Street, Hobart, Tasmania.

[4] The following organisations were advised of the hearing details:

· Australian Municipal, Administrative, Clerical and Services Union

· The Australian Workers' Union, Tasmania Branch

· Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union

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

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

· Transport Workers' Union of Australia (Victorian/Tasmanian Branch)

· Tasmanian Chamber of Commerce and Industry Limited

· Tasmanian Trades and Labor Council

· Minister for Planning and Workplace Relations

· Australian Cement Holdings Pty Ltd (now Cement Australia Pty Ltd)

[5] Mr P Mazengarb appeared for and on behalf of the Tasmanian Chamber of Commerce and Industry Limited and Australian Cement Holdings Pty Ltd (now Cement Australia Pty Ltd).

[6] Mr R Flanagan appeared for and on behalf of The Australian Workers' Union, the Tasmania Branch, Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Construction, Forestry, Mining and Energy Union, Tasmanian Branch.

[7] No appearance was entered for or on behalf of the Australian Municipal, Administrative, Clerical and Services Union or the Transport Workers' Union of Australia (Victorian/Tasmanian Branch).

[8] Given the submissions of the parties to the award at the hearing on the above date, I hereby determine that the Australian Cement Holdings Enterprise Award be rescinded as an award of the Tasmanian Industrial Commission on and from the 22 August 2008, and I so Order.

[9] The Order giving effect to this decision is attached.

 

James P McAlpine
Commissioner

Appearances:
Mr P Mazengarb for the Tasmanian Chamber of Commerce and Industry Limited and Australian Cement Holdings Pty Ltd (now Cement Australia Pty Ltd)
Mr R Flanagan for The Australian Workers' Union, the Tasmania Branch, Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Construction, Forestry, Mining and Energy Union, Tasmanian Branch

Date and place of hearing:
2007
October 16
Hobart

2008
January 22
August 22
Hobart