TASMANIAN INDUSTRIAL COMMISSION

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

Tasmanian Chamber of Commerce and Industry
(T5538 of 1995)

Construction, Forestry, Mining and Energy Union, Tasmanian Branch
(T6124 of 1996)
(T6125 of 1996)

NATIONAL TRAINING WAGE
(TASMANIAN PRIVATE SECTOR) AWARD

Award variation - T5538 of 1995 - file closed - T6124 of 1996 and T6125 of 1996 referred to Commissioner sitting alone

REASONS FOR DECISION

Application T5538 of 1995 and a number of other related applications1 were originally before the Commission in mid 1995 and by a decision of a full bench of the Commission on 23 June 1995, a new National Training Wage (Tasmanian Private Sector) Award (the Award) was made operative from the first full pay period to commence on or after 16 June 1995.

Applications T6124 of 1996 and T6125 of 1996 were made by the Construction, Forestry, Mining and Energy Union, Tasmanian Branch (the CFMEU) on 12 March 1996 and they sought the insertion of an appropriate national training wage type provision in the Building and Construction Industry Award and the Building Trades Award (the two building awards).

When these matters came on for hearing on 21 October 1996, the Tasmanian Chamber of Commerce and Industry (the Chamber) requested that the file for T5538 of 1995 be closed. The Chamber recommended that, for the future, any further applications to extend the coverage of the Award ought to be heard separately by a Commissioner sitting alone. No party present opposed the closing of that file.

The CFMEU requested that its applications T6124 of 1996 and T6125 of 1996 be referred to a Commissioner sitting alone. The CFMEU was anxious that the training wage provisions sought in those two applications be specified within the two building awards.

The Australian Workers' Union, Tasmania Branch supported the submissions of both the Chamber and the CFMEU.

The Chamber advised the Commission that it was not against the course sought by the CFMEU and requested that matters T6124 of 1996 and T6125 of 1996 be adjourned and referred to a Commissioner sitting alone.

The Commission accepts the submissions of the parties.

Application T5538 of 1995 is closed and applications T6124 of 1996 and T6125 of 1996 will be referred to a Commissioner sitting alone.

It will be for that Commissioner to decide, in his discretion, whether or not it is appropriate for national training wage provisions to be specified in the two building awards.

F D Westwood
PRESIDENT

Appearances:
Mr T Edwards (16.06.95) (07.07.95) (30.04.96) (21.10.96) with Mr R Murray (16.06.95) (07.07.95) (30.04.96) and Mr M Watson (16.06.95) (07.07.95) for the Tasmanian Chamber of Commerce and Industry Limited on behalf of the Tasmanian Farmers and Graziers Employers Association, the Tasmanian Sawmillers Industrial Association, the Hop Producers' Association of Tasmania, the Metal Industries Association Tasmania, Pasminco Metals - EZ (Risdon), Goliath Portland Cement Company Limited, Railton, the Retail Traders Association of Tasmania, the Pharmacy Guild of Australia, the Master Builders Association, the Printing and Allied Trades Employers' Federation of Australia and the Community Services Employer Organisation (Tasmania)
Mr R Warwick (16.06.95) (07.07.95) (30.04.96) for the Tasmanian Trades and Labor Council.
Mr J Glisson (30.04.96), for The Australian Workers' Union, Tasmania Branch; Mr G Cooper (16.06.95) (07.07.95) (21.10.96) for The Australian Workers' Union, Tasmania Branch, the National Union of Workers, Tasmanian Branch, the Textile, Clothing and Footwear Union of Australia, Tasmanian Branch and The Australasian Meat Industry Employees Union, Tasmanian Branch
Mr T Benson (30.04.96), Mr M Cordwell (16.06.95) (07.07.95) (21.10.96) with Mr J Gill (16.06.95) (07.07.95) Mr S Maxwell (21.10.96) for the Construction, Forestry, Mining and Energy Union, Tasmanian Branch
Mr J Swallow (07.07.95) (30.04.96) for The Australasian Meat Industry Employees Union, Tasmanian Branch.
Mr M Flynn (16.06.95) (07.07.95) (30.04.96) for the Meat and Allied Trades' Federation of Australia (Tasmanian Division) (now National Meat Association of Australia (Tasmanian Division)
Mr K O'Brien (16.06.95) (07.07.95) with Mr D O'Byrne (16.06.95) (07.07.95) for the Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch
Mr P Baker (16.06.95) (07.07.95) for the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union
Mr C Brown (16.06.95) (07.07.95) for the Health Services Union of Australia, Tasmania No 1 Branch
Mr P Noonan (16.06.95) (07.07.95) for the Shop Distributive and Allied Employees Association, Tasmanian Branch
Mrs H Dowd (16.06.95) (07.07.95) for the Australian Municipal, Administrative, Clerical and Services Union
Mr S Knott (16.06.95) (07.07.95) (30.04.96) for the Australian Mines and Metals Association (Incorporated) and on behalf of Emu Bay Railway Company Limited and Pasminco Metals - Rosebery (West Coast Mines)
Mr R Joyce (16.06.95) (07.07.95) for the Tasmanian Automobile Chamber of Commerce
Mr D McDougall (16.06.95) (07.07.95) for the Tasmanian Chamber of Retailers
Mr T Pearce (16.06.95) (07.07.95) intervening for the Minister for Industrial Relations and Training
Mr K Rice (07.07.95) for the Tasmanian Farmers and Graziers Employers Association

Date and Place of Hearing:
1995
June 16
July 7
Hobart

1996
April 30
October 21
Hobart

1 T5535 of 1995, T5536 of 1995, T5537 of 1995, T5509 of 1995, T5490 of 1995, T5495 of 1995