PR933781 AW765527 PR933781 Download Word Document AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION Workplace Relations Act 1996 Review of award pursuant to Item 51 of Part 2 of Schedule 5 of the Workplace Relations and Other Legislation Amendment Act 1996 (C No. 00862 of 1998) AUSTRALIAN WORKERS' UNION CONSTRUCTION AND MAINTENANCE (CONSOLIDATED) AWARD 1987 (ODN C No. 01373 of 1975) [Print G6898 [AW765527]] Various employees Building, metal and civil construction industries COMMISSIONER O'CONNOR PERTH, 30 JUNE 2003 Award simplification. DECISION [1] This matter is a review of the Australian Workers' Union Construction and Maintenance (Consolidated) Award 1987 pursuant to the provisions of Item 51, Schedule 5 of the Workplace Relations and Other Legislation Amendment Act 1996 (WROLA Act) . For the purposes of this decision the relevant provisions of Item 51 are as follows: 51 Variation of awards after the end of the interim period (1) As soon as practicable after the end of the interim period, the Commission must review each award: (a) that is in force; and (b) that the Commission is satisfied has been affected by item 50. (2) The Commission must vary the award to remove provisions that ceased to have effect under item 50 (3) When varying the award under subitem (2), the Commission may also vary the award so that, in relation to an allowable award matter, the award is expressed in a way that reasonably represents the entitlements of employees in respect of that matter as provided in the award as in force immediately before the end of the interim period. [2] The relevant part of Item 50 of the WROLA Act 50 Parts of awards cease to have effect at the end of the interim period (1) At the end of the interim period, each award ceases to have effect to the extent that it provides for matters other than allowable award matters. [3] Allowable award matters are set out in section 89A of the Workplacae Relations Act 1996 , in particular in section 89A(2). [4] In this instance the parties, the Australian Workers' Union, WA Chamber of Commerce and Industry and the Civil Contractors Federation have been involved in numerous conferences with and without the Commission's presence. [5] The proposed simplified award correctly reflects the intention of the Act in that it contains only allowable award matters, model clauses and Full Bench decisions in respect of simplification. [6] In addition safety net adjustments no previously applied have been incorporated in the proposed award. [7] The Commission, in accordance with Principle 8(C) of the Safety Net Review May 2002 ( PR002002 ) has waived the 12 months' delay between variations by consent of the parties and finds that it does not result in an increase in wages actually paid to employees. [8] Further, the Commission, in comparing the proposed wage rates with those in the AWU Construction and Maintenance Award 2000 (an award already simplified) finds that the award reflects correct minimum rates of pay in accord with sections 88A and 88B of the Workplace Relations Act 1996 [9] The award shall be known as the Australian Workers' Union Construction and Maintenance (Western Australia) Award 2002 and will come into force from 19 March 2003 and remain in force for a period of six months. BY THE COMMISSION: COMMISSIONER Printed by authority of the Commonwealth Government Printer <Price code A>