IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

This is an award interest determination referred to me by the President under Section 63(10) of the Act.

The Tasmanian Technical Colleges Staff Society (the Society) sought an interest in the General Conditions of Service Award and the Tasmanian Public Service Association (the Association) objected to the granting of that interest.

At the hearing, Mr D Holden appeared for the Society and Mr G Vines appeared for the Association. Mr C Lane, who appeared for the Tasmanian Teachers Federation (the Federation) sought and was granted leave to intervene, the Federationn being a present party with an interest in the Award.

Initially, both Mr Vines and Mr Lane submitted that the Society should not be granted an interest in the Award on various grounds, but, after Mr Holden had put his submissions in favour of the granting of interest, in particular referring to the fact that in the Technical and Further Education Staff Award, to which the Society was a party and had interest, a specific reference tied those covered to the General Conditions of Service Award. Mr Holden also claimed that the denial of interest was against natural justice, the public interest and good industrial relations.

Mr Vines did not dispute that the Society had members covered by the Award, but he said that, in itself, was not sufficient for the granting of interest.

In the light of all that had gone before, Mr Vines and Mr Lane reconsidered their positions and then formally withdrew their objections.

More importantly, I am satisfied that the Society has fulfilled the requirements of Section 63(10)(c) of the Act in that it has members covered by the General Conditions of Service Award, that such members are eligible to belong to the Society under its rules and that the granting of an interest in this Award will not "prejudice the orderly conduct of industrial relations in Tasmania."

I therefore determine that the TTCSS has an interest in the General Conditions of Service Award.

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

An order operative from the date of this decision is attached.

P.A. Imlach
COMMISSIONER