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Tasmanian Industrial Commission

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T2352

 

IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

 

T.2352 of 1990

IN THE MATTER OF A REFERRAL BY THE ACTING PRESIDENT PURSUANT TO SECTION 65A(2) FOR THE DETERMINATION OF AWARD INTEREST FOR THE MISCELLANEOUS WORKERS UNION OF AUSTRALIA, TASMANIAN BRANCH IN RESPECT OF THE MISCELLANEOUS WORKERS (PUBLIC SECTOR) AWARD

   

COMMISSIONER P A IMLACH

HOBART, 17 May 1990

   

REASONS FOR DECISION

   

APPEARANCES:

   

For the Federated Miscellaneous Workers Union of Australia,
Tasmanian Branch

- Mr K O'Brien

   

DATE AND PLACE OF HEARING:

 

15 May 1990  Hobart

 

In this matter the Federated Miscellaneous Workers Union of Australia, Tasmanian Branch (the Union) requested the Registrar, pursuant to Section 65A(1) of the Industrial Relations Act (the Act), to make an application to the then Acting President for leave to recall the Union's certificate of registration so that it could have an interest determined in the Miscellaneous Workers (Public Sector) Award.

Mr K O'Brien appeared for the Union at the hearing and requested that the interest in the Award be granted. He said that the Union was the sole employee representative party to the Award and it had members employed in the area. The Union filled the requirements of the Act and the granting of such interest would not be against the public interest.

No other organisation appeared at the hearing and no objections were raised to the Union's application.

I am satisfied that the Union has met the requirements of the Act specified in Section 63(10)(c) namely:

1. It has members in its ranks who are covered by the Award.

2. Its rules give eligibility for its members employed in the area to join the Union.

3. I do not believe the granting of an interest to the Union will "prejudice the orderly conduct of industrial relations in Tasmania."

I therefore determine that the Union has an interest in the Miscellaneous Workers (Public Sector) Award.

A copy of this determination will be forwarded to the Registrar as required by Section 65A(6) of the Act.

The order, operative from the date of this decision, is attached.

 

P.A. Imlach
COMMISSIONER