TP1/8
|
IN THE TASMANIAN INDUSTRIAL COMMISSION Decision Appealed - See T2356 T2357 T2358 Industrial Relations Act 1984
REASONS FOR DECISION APPEARANCES:
This is an award interest determination referred to me by the President under Section 63(10) of the Act. The Hospital Employees Federation of Australia, Tasmania Branch (the Federation) sought an interest in the Hospital Scientists Award and the Tasmanian Public Service Association (the Association) objected to the granting of that interest. At the hearing Mr R. Warwick appeared for the Federation and Mr G. Vines appeared for the Association. Mr Vines, for the Association, objected to the granting of interest to the Federation on the grounds that at present it is not a party and has no interest, its efforts at recruiting members in the area have caused some unrest. The Association's record of activity in the area had been extensive and successful and no employee had been disadvantaged, he said. Mr Vines also said that it would be in the interests of good industrial relations to maintain the status quo and uphold the Association's objection to the granting of an interest to the Federation. Mr Warwick, for the Federation, sought the granting of an interest in the Hospital Scientists Award to the Federation. He referred to the specific requirements of the Act in Section 63(10)(c) and submitted that the Federation met those requirements. In support of his submission he produced exhibits1 which gave evidence of 23 members of the Federation being employed in Public Hospitals and covered by the Hospital Scientists Award. He also produced an exhibit2 which was a copy of the relevant part of the Federation's Rules giving eligibility for membership to hospital scientists. Mr Warwick opposed the objections by the Association and said that the Federation had a good record industrially. He confirmed that the members recorded in his exhibits were current Federation members. In response, Mr Vines acknowledged that hospital scientists are eligible to join the Federation, but he said many of those recorded in the exhibits were also Association members. He alluded to arrangements the Federation had with the Medical Scientists Association of Victoria which, he said were not conducive to good industrial relations. Mr Vines claimed that the Association had constitutional rights to cover hospital scientists, it had done the job, scientists were represented on the Association's Council, the status quo had proved successful in the past and he sought its maintenance now. Orderly conduct of industrial relations in the hospital scientists area would not be well served, Mr Vines submitted, where there were demarcation disputes and wasted resources. He said the onus was on the Commission not to promote competition between unions. There was mention made by both parties in the hearing of the policy of the Australian Council of Trade Unions and the State Government as to the size and number of unions and their appropriateness in various industries. I do not believe that argument carries much weight in this context, due to the specific requirements of the Act concerning award interest applications. I am sympathetic to the Association in that, to my knowledge, it has been successful with the Hospital Scientists Award over many years and it has had sole rights of representation in this Commission, but I believe I am constrained by the clear requirements of the Act: moreover, I do not accept that the granting of an interest in this Award to the Federation will necessarily cause industrial disorder. Whilst I am aware of the practical problems sometimes caused by competition between unions, I do not believe it is in itself a bad thing. Certainly, in this case, a significant number of scientists have indicated their preference for the Federation. In any case I am satisfied that the Federation has met the requirements of the Act, specified in Section 63(10)(c) of the Act namely:
I therefore determine that the Federation has an interest in the Hospital Scientists 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 |
|||||||||||||||||||||||||||||