T13520, T13521, T13522
TASMANIAN INDUSTRIAL COMMISSIONIndustrial Relations Act 1984 Construction, Forestry, Mining and Energy Union, Tasmanian Branch BUILDING TRADES AWARD
REASONS FOR DECISION [1] On 11 September 2009, 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 Trades Award, the Building and Construction Industry Award and the Mobile Crane Hire Award. [2] When these matters came on for hearing on 24 September 2009, Mr T Benson appeared for the CFMEU, and Mr D Dilger appeared for the Tasmanian Chamber of Commerce and Industry Limited in all matters; and Mr T Cook appeared for the Civil Contractors Federation – Tasmanian Branch in matter T13521 - Building and Construction Industry Award. [3] These applications seek to restore expense related allowances to the level applicable in the relevant federal award pertaining to the same industry. [4] Mr Benson explained that this normally occurred on a regular basis, immediately following changes in the relevant federal award. For reasons of administrative oversight, this had not occurred in some cases for several years. The applications sought to restore the position on a cumulative basis to apply from a prospective operative date. [5] Mr Dilger confirmed the accuracy of the figures sought in the applications. However he submitted that proposed quantum be phased in over an extended prospective period. This would assist the industry in planning for the future, particularly given the contractual nature of the industry. Mr Dilger referred to statistical evidence which he said pointed to a downturn in the industry. [6] Mr Cook supported the submissions of Mr Dilger. [7] In the ordinary course of events these allowances would have progressively increased to the proposed level over an extended period. An accumulative adjustment after several years is not normally the preferred course of action. However I do understand the difficulties the union has found itself in on this occasion. [8] I am also particularly mindful that the union has recognised this issue in proposing a substantially prospective operative date. In my view this will provide sufficient opportunity for the industry to adjust to the new allowances. [9] I am satisfied that the applications are consistent with the public interest requirements of the Act. [10] The applications are granted operative from the beginning of the first pay period to commence on or after 1 December 2009. [11] The Orders reflecting this decision will follow.
Tim Abey Appearances: Date and Place of Hearing: |