Australian Industrial Relations Commission

           IN THE AUSTRALIAN CONCILIATION AND ARBITRATION COMMISSION


                     Conciliation and Arbitration Act 1904

In the matter of a notification of an industrial dispute between

                         Fennessy Constructions Pty Ltd

                                      and

         The Building Workers' Industrial Union of Australia and others

in relation to a log of claims, Pier 21, Fremantle

                              (C No. 8083 of 1986)

MR COMMISSIONER COLEMAN                                     PERTH, 19 JUNE 1986

                                    DECISION

This matter was notified by the employer on 17 March 1986, following claims
made on him by the building unions for a site allowance and protective
clothing to be made to employees engaged on the construction of a residential
development, at a restaurant site known as Pier 21 on the north bank of the
Swan River at Fremantle.

      At Perth on 29 May 1986 following an inspection of the construction site
concerned, the unions represented by Mr D.W. Wildgoose claimed that the
conditions being experienced by the building employees gave rise to
disabilities which were not adequately catered for within the award provisions.

      The project involves the construction of 31 residential units in two
separate unit blocks adjoining the restaurant, one of four levels and the
other of two levels.

      The contract, valued at $1.6 million, commenced on 18 February 1986 and
is expected to be completed on 29 August 1986. The average work-force is 20
employees with a peak of 30 in May and June.

      The claims were opposed by Mr D.M. Kleemann acting for the builder on
the grounds that the conditions on the site did not warrant the quantum of
site allowance being sought by the unions.

      Mr Kleemann dealt with the various aspects of the claims, acknowledging
there was some dirt and rubbish around the site, but this had been caused by
the pouring of concrete and the stripping of formwork earlier in the week of
the inspection.

      Amenities were adequate on site and the location on the river forefront
was pleasant. It was admitted that there were problems in the buildings with
some cramped conditions occasionally being experienced, and to this extent an
offer had been made that had been rejected by the unions.

      I have now considered the claims and I have decided that the nature of
the building operation falls within the industry pattern and that the
conditions on the site warrant an allowance to compensate employees for
disabilities not adequately catered for by the award provisions.


      An allowance of 50 cents per hour for each hour worked shall be paid in
lieu of payment for confined space, fumes, dirty work, wet underfoot and the
handling of second-hand timber.

      The allowance shall operate from 14 March 1986 and shall remain in force
for the duration of the contract.

      The agreement for the issue of one pair of safety boots is ratified.

Appearances:

D.M. Kleemann for the Master Builders Association of Western Australia on
behalf of Fennessy Constructions Pty Ltd together with T. Fennessy.

D.W. Wildgoose for The Building Workers' Industrial Union of Australia, The
Operative Painters and Decorators Union of Australia, The Plumbers and
Gasfitters Employees' Union of Australia and The Operative Plasterers' and
Plaster Workers' Federation of Australia.

Date and place of hearing:

1986.
Perth:
May 29.