Department of Justice

Tasmanian Industrial Commission

www.tas.gov.au
Contact  |  Accessibility  |  Disclaimer

TP1/6 and TP1/10

 

IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

 

TP1/6 and TP1/10 of 1989

IN THE MATTER OF A REFERRAL PURSUANT TO SECTION 63(10(b) FOR DETERMINATION OF INTEREST OF THE TASMANIAN PRISON OFFICERS' ASSOCIATION AND THE TASMANIAN PUBLIC SERVICE ASSOCIATION IN THE GENERAL OFFICERS AWARD AND THE PRISON OFFICERS AWARD

   

COMMISSIONER P A IMLACH

HOBART, 24 July 1990

   

REASONS FOR DECISION

 

APPEARANCES:

 

For the the Tasmanian Public Service Association

- Mr G Vines

 

For the Tasmanian Prison Officers' Association

- Mr P Nielsen with
  Mr C Hughes

 

DATE AND PLACE OF HEARING:

 

9 March 1990  Hobart

   

This is a correction decision which rectifies one previously given in these matters, dated 15 March 1990. That decision was in order in so far as it confirmed award interest in the General Officers Award, but needed correction because it omitted to deal with award interest applied for in the Prison Officers Award.

The matters in question were award interest determinations referred to me by the President under Section 63(10) of the Act: they were joined because both matters involved each of the parties.

The Tasmanian Public Service Association (the TPSA), and the Tasmanian Prison Officers' Association (the TPOA) both sought the granting of interest in the General officers Award and the Prison Officers Award. Each of the organisations already held provisional interest in both the awards.

The TPSA objected to the TPOA being granted interest in the General Officers Award and the TPOA objected to the TPSA being granted interest in the Prison Officers Award.

At the hearing Mr G Vines appeared for the TPSA and Mr P Nielsen appeared, with Mr C Hughes, for the TPOA.

Mr Vines, for the TPSA, reported that discussions had been held between his Association and the TPOA and, as a result a settlement had been reached whereby each Association had agreed to withdraw its objection to the granting of interest to the other. There had been an exchange of correspondence on the matter and the letters were read into transcript.

Mr Nielsen, for the TPOA, confirmed the settlement and the mutual withdrawal of objections.

I am satisfied that the TPSA and the TPOA, being already registered with the Commission and having members covered by the General Officers Award and the Prison Officers Award have met the requirements of Section 63(10) of the Act in that:

1. they have members covered by the Awards;

2. those members are eligible to be members under the rules of the TPSA and the TPOA; and

3. the granting of interest would not prejudice the orderly conduct of industrial relations in Tasmania.

I therefore determine that the TPSA and the TPOA each have an interest in both the General Officers Award and the Prison Officers Award.

A copy of this determinate n will be forwarded to the Registrar as required by Section 63(12) ) of the Act.

An order varying the Prison Officers Award will be issued operative from 15 March 1990 whilst the order previously issued in respect of the General Officers Award (No. 2 of 1990) will stand.

 

PA Imlach
COMMISSIONER