Industrial Relations Act 1988

Conciliation and Arbitration Act 1904 s.25 notification of industrial dispute

The Building Workers' Industrial Union of Australia (C No. 70015 of 1989)

Construction workers Building, metal and civil construction industries

Allowance - site allowance Wesley Vale Mills, Devonport - Commission found disabilities claimed covered by industry allowance - application refused.

Associated Pulp and Paper Mills (APPM) have arranged construction of external storage facilities for paper pulp (which is to be retrieved later for final processing) at their Wesley Vale Mill near Devonport. The project involves extension of the existing pulp mill and the erection of storage bins, plus installation of various necessary pumps and conveyors. Inspections were conducted on site on 20 February 1989.

The total cost of the project is $15.1 million, although construction costs are only $2.2 million. The majority of the project cost (85) is for equipment. Construction commenced in mid-November 1988 and is due for completion in early June 1989. It is planned that the plant will be operating two weeks later by mid-June 1989, after mechanical installation has been completed.

Part of the building construction contract has been allocated to Gordon

Ibbott Pty Limited and Johns Perry Hayward has the responsibility for the erection of steel works. Maintenance employees of APPM will be involved in installation of mechanical and electrical plant and equipment.

The claim by representatives of building unions for a site allowance for the construction project was based on such disabilities as noise from traffic and the existing factory, "unusual smells" coming from the mill, the presence of flies, asbestos-cement roof guttering on site, fine powdery dust around the site, having to work alongside and in harmony with mill employees, confined areas, the use of heavy concrete blocks and the poor standard of amenities.

Mr G. Smith, representing APPM and the two contractors, opposed the claims for a site allowance, claiming that disabilities were few and were those normally encountered in the building construction industry.

Inspections revealed two separate areas of construction - a small extension to the existing factory plus outside storage bins comprising concrete floor slabs and concrete divisions between bins, with provision for roofing. The site was not noisy, there was no evidence of smells, problems with flies were as might be expected in any country area like Wesley Vale, the small amount of asbestos-cement guttering had been safely removed and the question of whether construction employees can work harmoniously alongside

factory employees has nothing to do with a site allowance claim.

In my opinion, most of the disabilities claimed are covered by the industry allowance provisions of building construction awards and there will also be need for payment of special rates from time to time. The contractors are well aware of their obligations in this respect. In all of the circumstances, the claim for a site allowance is refused.

T. Egglestone for The Building Workers' Industrial Union of Australia,

The Operative Painters and Decorators Union of Australia, The Operative Plasterers' and Plaster Workers' Federation of Australia, The Plumbers and Gasfitters Employees' Union of Australia and The Federated Engine Drivers' and Firemen's Association of Australasia.

K.D. Becker for the Electrical Trades Union of Australia.

G.J. Smith of the Tasmanian Confederation of Industries on behalf of Associated Pulp and Paper Mills and Gordon Ibbott Pty Limited, together with P. Rodwell, J. Seller and P. Ibbott.