IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

This matter concerns an application for the granting of an interest in the Automotive Industries Award to the Federated Miscellaneous Workers Union of Australia, Tasmanian Branch (FMWU), and the objections of the Amalgamated Metal Workers' Union; the Vehicle Builders Employees Federation of Australia, Victorian Branch (VBEF); and the Australasian Society of Engineers, Tasmanian Branch, to the granting of such award interest.

When first listed by the Commission the parties sought and were granted an adjournment for the purpose of holding private discussions to explore the possibility of achieving a mutually satisfactory resolution of the dispute.

However, when restored to the list on 16 May 1990 the only parties who appeared were the VBEF and the FMWU who reported that their discussion had not resolved the issue, but that they were both ready to have the matter decided by arbitration pursuant to Section 63(10)(c) of the Act.

Mr O'Brien for the FMWU sought to satisfy the Commission by submitting that:

- His organisation has membership who are employed under the terms of the Automotive Industries Award.

- The registered rules of the FMWU cover the industrial industries and/or pursuits of, inter alia:

(a) motor car cleaning, washing and greasing

(b) motor garage, including service station ...

(c) parking attendant ...

- Classifications contained in the Automotive Industries Award (such as "Cleaner and/or Floorman" and "Parking Attendant") and the scope of the award (e.g. covering a garage or service station, etc.) are generally wide enough to correlate with the rules of the FMWU and thereby give constitutional capacity to that organisation and thereby establish award interest.

- The FMWU is respondent to the virtual counterpart Federal Award, i.e. the Vehicle Industry Repair, Services and Retail Award.

- The FMWU has been integrally involved in a review of that Federal counterpart award.

- Classification contained in that Federal Award are very similar to those in the Automotive Industries Award.

- In other State jurisdictions the FMWU has established and services awards covering such work as motor car washing, car parking, and driveway attendants.

- It would be incumbent upon an objector to establish that there were problems at present and that granting an interest in that award would prejudice the orderly conduct of industrial relations in Tasmania.

- The FMWU has received many enquiries and been involved in assisting many employees in this area, particularly in recovery of underpayment of wages for persons employed as driveway attendants around Hobart and Launceston.

- Demarcation disputes are not the norm in this area.

- The FMWU is already a respondent to the Federal award and if it cannot deal with some employers in the same industry because they are under State award, that is not in the best interest of the orderly conduct of industrial relations in Tasmania.

- The FMWU is a strong organisation which is fully equipped to service the industry concerned in Tasmania.

Mr Holden, for the VBEF, opposed the FMWU application for award interest on a number of grounds, including the following:

- Most service station proprietors are covered by Federal award, and therefore there is very little opening in that area for the State award to apply.

- Whilst the FMWU is a respondent to the Federal award its coverage is limited to motor car washing, greasing, cleaning and attending.

- The rules of the FMWU do not allow it to cover car detailers.

- The thrust of ACTU, employer and Government policy is that there should be a restriction on the number of unions involved in each award, rather than an extension.

- The addition of another organisation could of itself create conflict.

- There already exists an organisation to which employees may conveniently belong.

- Even though the FMWU has only limited rights of coverage, the granting of interest could allow it to recruit members of any classification.

- The VBEF have a substantial presence in the vehicle industry in Tasmania.

I am satisfied on the evidence before me that the FMWU has both members employed in classifications covered by the Automotive Industries Award and sufficient constitutional coverage to cover some, but by no means all, classifications within the scope of that award.

Whilst there is a strong general argument for limiting the number of trade unions with whom employers have to deal the ACTU have, as I understand it, suggested amalgamations as the mechanism to achieve this.

Whilst the Industrial Relations Act is not specific in defining the question of what may prejudice the good conduct of industrial relations, I am of the view that the behaviour of the applicant organisation should be a relevant consideration. And there is no evidence that the FMWU has been anything but a good industrial citizen in this State. This, added to the fact that the FMWU services a Federal award with similar scope and classifications persuades me to grant it interest and dismiss the objection of the VBEF.

The file is remitted to the Registrar.

OPERATIVE DATE

This decision shall have effect on and from the fifteenth day of June 1990.

Order is attached.

A. Robinson
DEPUTY PRESIDENT