Page 2095 - Week 10 - Wednesday, 25 October 1989
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In the absence of broad industry agreement, the building unions and the Australian Federation of Construction Contractors established the Construction Employees Redundancy Trust - that is, CERT. CERT was established in March 1989 and is based on the 1987 building industry redundancy pay agreement. The sponsors of CERT include the major building unions and the AFCC. A similar scheme, MERT, is sponsored by the Amalgamated Metalworkers Union, the Electrical Trades Union, the Electrical Contractors Association and the AFCC. The sponsors have appointed a trustee company which has in turn appointed the major life company, AMP, to handle the trust's day-to-day administration.
The Master Builders Construction and Housing Association, the AFCC and the building unions have each canvassed the merits of CERT with the ACT Government, which has to date indicated that this was properly a matter the parties should resolve themselves or, if necessary, through the Industrial Relations Commission.
MBCHA has sought ACT Government support for a construction and housing industry redundancy trust fund administered by the Building and Construction Industry Long Service Leave Board to deal with the Industrial Commission's award. MBCHA was opposed to the 1987 agreement and CERT. They claimed that it went beyond the Industrial Commission's decision.
On the other hand, the Australian Federation of Construction Contractors has also sought ACT Government support for the existing CERT scheme. AFCC regards the setting up of an ACT based scheme as unnecessary because the CERT scheme is up and running and has wide support. AFCC believes that the IRC's order, when eventually made, would include provision for CERT. All parties were advised that it would be premature for the ACT Government to support the establishment of new funds before the Industrial Commission made an order resolving the matter.
Following recent industrial unrest on a New South Wales building site, Industrial Relations Commissioner Bennett, on application from New South Wales employers, ordered building unions to cease industrial action pending the outcome of national developments being heard by Commissioner Grimshaw. In the ACT, MBCHA and CONFACT notified the Industrial Relations Commission of an alleged industrial dispute concerning building union support for CERT. The matter was heard on Thursday, 31 August. MBCHA and CONFACT sought an order directing building unions to cease industrial action in support of CERT.
Following assurances from the building unions that there was no current or planned industrial action, Commissioner Bennett declined to make such an order. MBCHA also lodged a draft order seeking variation of ACT building and construction industry awards to reflect the IRC termination, change and redundancy decision of 22 March
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