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T2353

 

IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

 

T.2353 of 1990 IN THE MATTER OF A REFERRAL BY THE ACTING PRESIDENT PURSUANT TO SECTION 65A(2) OF THE INDUSTRIAL RELATIONS ACT 1984 FOR A HEARING FOR DETERMINATION OF INTEREST IN THE CHILD CARE AND CHILDRENS SERVICES AWARD
   
  RE: FEDERATED MISCELLANEOUS WORKERS UNION OF AUSTRALIA, TASMANIAN BRANCH
   
COMMISSIONER R.K. GOZZI HOBART, 27 April 1990
   

REASONS FOR DECISION

   
APPEARANCES:  
   
For the Federated Miscellaneous
Workers Union of Australia
Tasmanian Branch
- Mr K. O'Brien
   
DATE AND PLACE OF HEARING:
   
16April 1990              Hobart  
   

In this matter the Federated Miscellaneous Workers Union of Australia, Tasmanian Branch (the FMWU) requested the Registrar, pursuant to Section 65A(1) of the Industrial Relations Act, 1984 (the Act) to make application to the President for leave to recall that organisation's Certificate of Registration in order for it to be amended to reflect an interest in the Child Care and Childrens Services Award (the Award).

Pursuant to Section 65A (2) of the Act the President requested that I determine if the FMWU has an interest in that award.

As provided in Section 65A (5) of the Act I am required, in determining this matter, to have regard to the following criteria specified in Section 63(10) (c) of the Act:

    "(i) the membership of the organization consists of or includes members who are employers or employees in the industry or occupation to which the awards stated in its application pursuant to subsection (1) (a) (vii) relate or who are State employees to whom those awards relate;

    (ii) that membership is consistent with the organization's rules or constitution a copy of which has been lodged with the Registrar pursuant to subsection (1); and

    (iii) the organization being granted an interest in an award or awards would not prejudice the orderly conduct of industrial relations in Tasmania."

I am satisfied that the FMWU meets all the tests inherent in the above provisions of Section 63(10)(c).

Accordingly the FMWU will be granted an interest in the award. A copy of this determination has been forwarded to the Registrar in accordance with Section 65A(6) of the Act.

I will take this opportunity to raise a further matter.

The background to the .making of the Child Care and Childrens Services Award is explained in my Report on Proceedings and Interim Decision dated 17 November 19871.

Suffice to say here that the Child Care and Childrens Services Award was requested to be made by the FMWU as a consequence of an accommodation reached with the Hospital Employees Federation in regard to demarcation of certain work areas.

The Commission facilitated the agreement between these two organisations by removing Division A from the Welfare and Voluntary Agencies Award and creating, by way of transfer of Division A provisions, the Child Care and Childrens Services Award.

I have referred to the circumstances giving rise to the creation of the Child Care and Childrens Services Award to highlight the absurdity, in my opinion, of an organisation which has initiated the making of an award; is subsequently cited in the "Parties and Persons Bound" clause; must then embark on a time consuming exercise at some cost to itself as well as to the Commission to seek an interest in the very award it was successful in having made in the first instance.

Clearly this process must be made more efficient. In my opinion the matters specified in Section 63(10)(c) should logically be considered during award making proceedings in the first instance.

Similarly the current processes concerning the requirement of the Registrar to seek leave to recall a certificate of registration are also unnecessarily cumbersome.

My Order, [correction order] operative from the date of this decision is attached.

 

R.K. Gozzi
COMMISSIONER

1 T.661 and T.662 of 1987