Department of Justice

Tasmanian Industrial Commission

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

TP1/9

 

IN THE TASMANIAN INDUSTRIAL COMMISSION

Decision Appealed - See T2356 T2357 T2358

Industrial Relations Act 1984

 

TP1/9 IN THE MATTER OF A REFERRAL PURSUANT TO SECTION 63(10)(b) FOR DETERMINATION OF INTEREST OF THE HOSPITAL EMPLOYEES FEDERATION OF AUSTRALIA, TASMANIA BRANCH IN THE KEYBOARD EMPLOYEES AND OFFICE ASSISTANTS AWARD
   
COMMISSIONER P.A. IMLACH HOBART, 16 March 1990

REASONS FOR DECISION

APPEARANCES:

For the Hospital Employees
Federation of Australia,
Tasmania Branch
- Mr R. Warwick
   
For the Tasmanian Public
Service Association
- Mr G. Vines
   
DATE AND PLACE OF HEARING:
   
9 March 1990 Hobart  

 

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 Keyboard Employees and Office Assistants 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, with Mr R. Hunt, appeared for the Association.

Mr Vines, for the Association, objected to the granting of interest. The Federation was not a party to the Award, he said, and he sought the maintenance of the status quo. The Association, which has represented keyboard employees for many years, is even now seeking to have this Award repealed, he said, so that those covered by it may be more appropriately covered by the Clerical Employees Award. Compared to the Federation, which is very limited in its ability to cover employees under this Award, the Association is constitutionally able to do so across the whole of the State Service. He objected to the granting of interest to the Federation.

Mr Warwick, for the Federation, rejected the Association's submissions. He sought the granting of an interest in the Award to the Federation and produced an exhibit1 to show that six employees covered by the Award were enlisted in the ranks of the Federation. He also relied on an exhibit he had produced in another matter2 to show that hospital keyboard operators were eligible to join the Federation under its rules. He also submitted that the granting of an interest in this Award to the Federation would not interfere with good industrial relations. Mr Warwick also said that an employee's choice to join the Federation was not inconsistent with the orderly conduct of industrial relations.

In response, Mr Vines pointed out that the Federation, with only six members in comparison with its Public Hospital membership in the keyboard area, had insignificant membership in this Award whereas the Association covered most or all of the around three hundred in the whole area. This is a recognized "Association" Award, Mr Vines said and the Federation had not previously sought assistance in it. The granting of interest to the Federation, with is insignificant membership in this area would not be conducive to industrial harmony, he said.

As I noted in the decision in matter TP1/8, I have some sympathy for the Association in a situation like this, but nevertheless, I believe I am still constrained by the Act at Section 63(1)(c) and I am satisfied that the Federation has met the requirements specified there in that:

1. its membership includes employees covered by the Award;

2. those employees are eligible to be members under the rules of the Federation; and furthermore

3. I am satisfied that the granting of an interest in the Award to the Federation will "not prejudice the orderly conduct of industrial relations in Tasmania."

I therefore determine that the Federation has an interest in the Keyboard Employees Award.

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

 

P.A. Imlach
COMMISSIONER

1 Exhibit W1
2 Exhibit W3 in TP1/8