Transfer from preserved State award to Federal award

Cases

Transfer from preserved State award to Federal award

The AIRC allowed an employer to transfer to a Federal award from a preserved State award that was in breach of a building code.

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The AIRC allowed an employer to transfer to a Federal award from a preserved State award that was in breach of a building code.

The Department of Employment and Workplace Relations had found that the State award breached the building industry code and guidelines. The consequence was that companies operating under the State award could be blocked from accessing government contracts. The issue arose over a clause that regulated the number of junior employees and a clause that contained inadequate dispute settling procedures.

Commissioner Spencer heard an application by electrical products supplier, Tri Distributors Australia to be bound by the Federal Rubber, Plastic and Cable Making Industry General Award instead of the Rubber and Plastic Industry Award (State).

The requirements of s558 [Application to be bound by an award-agreement between employer and employees] of the Workplace Relations Act, had been met.

The majority support of affected employees had been obtained by the company. No employee's entitlements would be reduced by the Federal award.

DEWR had advised that the Federal award was appropriate to regulate the employment of its workers.

Application by Tri Distributors Australia Pty Ltd [2007] AIRC 841 (1 October 2007)

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AIRC's award variation powers limited

  

 

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