TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.65A application for determination of award interest

Health Services Union of Australia
Tasmania No. 1 Branch
(T.3533 of 1991)

NURSING HOMES AWARD

Award interest - determination

REASONS FOR DECISION

On 18 October 1991 the Commission made a new award called the Nursing Homes Award. Arising out of that decision (T.3478 of 1991) the Health Services Union of Australia, Tasmania No. 1 Branch (HSUA) made application to the Registrar to have its current certificate of registration recalled and re-issued in an amended form on the grounds that an award in which it has an interest is not specified in the certificate.

This matter was referred to me by the President for the purpose of determining whether or not the HSUA had an interest in the Nursing Homes Award.

The Industrial Relations Act 1984 requires me, when dealing with such applications, to take into account such matters as specified in section 63(10)(c) which states, inter alia:

"(c)  that Commissioner shall determine which awards the organisation has an interest in by satisfying himself that -

(i) the membership of the organisation consists of or includes members who are employers or employees in the industry or occupation to which the awards stated in its application pursuant to subsection (1)(a)(vii) relate or who are State employees to whom those awards relate;

(ii) that membership is consistent with the organisation's rules or constitution a copy of which has been lodged with the Registrar pursuant to subsection (1); and

(iii) the organisation being granted an interest in an award or awards would not prejudice the orderly conduct of industrial relations in Tasmania.

After hearing submission from Mr Warwick representing the Health Services Union of Australia, Tasmania No. 1 Branch in relation to the application, I have satisfied myself that the HSUA should be granted an interest in the Nursing Homes Award and I decide accordingly.

I have formulated my decision on the facts that:

1. the application conforms with section 63(10)(c)(i) and (ii) of the Industrial Relations Act 1984;

2. by granting the application it would not prejudice the orderly conduct of industrial relations in Tasmania;

3. there was no opposition to the application.

I will now forward a copy of this decision to the Registrar thus enabling him to make the necessary amendments to the certificate of registration.

The award shall also be varied to reflect the decision with an operative date of 12 November 1991.

The Order giving effect to this decision is attached.

R J Watling
COMMISSIONER

Appearances:
Mr R Warwick for the Health Services Union of Australia, Tasmania No. 1 Branch.
Mr P Targett for the Tasmanian Confederation of Industries.

Date and Place of Hearing:
1991
November 12
Hobart