Application for settlement of a dispute over the application of a certified agreement under s.170LW of the pre-reform Workplace Relations Act 1996.
The application related to the question of what constitutes a “project” for the purposes of determining the rate of site allowance payable for work performed in constructing a building for at a site at Docklands in Melbourne.
Bovis Lend Lease is constructing the Ericsson building at the Victoria Harbour precinct at Docklands and the CFMEU claimed that a common rate of site allowance should apply at any building constructed at Victoria Harbour, no matter when construction started.
Following written submissions and hearings on 21 and 22 November 2006 the Commission handed down its decision on 28 December 2006. DP Ives found that the Victoria Harbour precinct was not a project for the purposes of establishing the amount of site allowance payable under the relevant certified agreement. The Commission determined that the site allowance should be set having regard to the value of the construction of the Ericsson building.