IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

On 21 June 1990, the Commission made a new award called the Fish, Aquaculture and Marine Products Award to be operative from 21 June 1990. Arising out of that decision (T.2012 of 1989), the Australian Workers' Union, Tasmanian Branch (AWU) made application to the Registrar to have its current Certificate of Registration recalled and re-issued in an amended form on the grounds that an award in which it has an interest is not specified in the certificate.

This matter was referred to me by the President for the purpose of determining whether or not The Australian Workers' Union, Tasmanian Branch had an interest in the Fish, Aquaculture and Marine Products Award.

The Industrial Relations Act 1984 requires me, when dealing with such applications, to take into account such matters as specified in Section 63(10)(c) which states, inter alia:

"(c) that Commissioner shall determine which awards the organization has an interest in by satisfying himself that

(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."

After hearing submissions in relation to the application, I have satisfied myself that the AWU should be granted an interest in the Fish, Aquaculture and Marine Products Award and I decide accordingly.

I have formulated my decision on the facts that:

1. the application conforms with Section 63(10)(c) (i) and (ii) of the Industrial Relations Act 1984;

2. by granting the application it would not prejudice the orderly conduct of industrial relations in Tasmania. This was further supported by the fact that I was informed that the AWU had reached an agreement with The Food Preservers Union of Australia (Tasmanian Branch) (the only other employee organization seeking an interest in this Award) to demark the work in the following manner:-

"When the employers business involves the farming of Fish, Aquaculture and/or Marine Products as well as the processing of the same, the AWU shall have coverage of all employees engaged within the employers enterprise to the exclusion of all other unions."

3. no party to the award opposed the application.

I will now forward a copy of this decision to the Registrar thus enabling him to make the necessary amendments to the Certificate of Registration.

The award shall also be varied to reflect the decision with an operative date of 7 September 1990.

The Order giving effect to this decision is attached.

R J Watling
COMMISSIONER