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Tasmanian Industrial Commission

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T2660

 

IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

 

T.2660 of 1990 IN THE MATTER OF A REFERRAL BY THE PRESIDENT PURSUANT TO SECTION 65A(2) OF THE INDUSTRIAL RELATIONS ACT 1984 FOR A HEARING FOR DETERMINATION OF INTEREST IN THE PASMINCO ROSEBERY (MINING) AWARD

RE: AMALGAMATED METAL WORKER'S UNION

   
COMMISSIONER R K GOZZI HOBART, 18 SEPTEMBER 1990

REASONS FOR DECISION

APPEARANCES:  
For the Amalgamated Metal
Workers' Union
- Mr D Harding
   
For Pasminco Mining - Rosebery - Mr D Skinner with
  Mr R Evetts
   
DATE AND PLACE OF HEARING:
   
10 September 1990 Hobart  

 

The Pasminco Rosebery (Mining) Award was made by the Commission operative from the first full pay period to commence on or after 8 August 1990.

Consequential to that decision1 the Amalgamated Metal Workers' Union (AMWU) made application to the Registrar to have its Certificate of Registration recalled and amended to include the Pasminco Rosebery (Mining) Award subject to the outcome of determination of interest proceedings.

Accordingly this matter was referred to me by the President to determine if the AMWU has an interest in the Award.

In that regard the Commission is required to have regard to the provisions of Section 63(10)(c) of the Industrial Relations Act 1984 (the Act) which are as follows:

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

(i) the membership of the organisation 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 organisation's rules or constitution a copy of which has been lodged with the Registrar pursuant to subsection (1); and

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

Having heard the submissions of Mr Harding appearing for the AMWU I am satisfied that the AMWU has met all of the stipulations in Section 63(10)(c) and I therefore determine an interest for this employee organisation in the award in question.

In the circumstances this determination of interest is forwarded to the Registrar pursuant to Section 65(A)(6) of the Act.

The order operative from 8 August 1990 (which was the first full pay period to commence on or after 8 August 1990) is attached.

 

R K Gozzi
COMMISSIONER

1 T.2486 and T.2487 of 1990