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T3581

 

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.63 application for determination of award interest

Australian Hotels Association
(Tasmanian Branch)

(T.3581 of 1991)

HOTELS, RESORTS, HOSPITALITY AND MOTELS AWARD

 

DEPUTY PRESIDENT A. ROBINSON

HOBART, 4 December 1991

Award interest

REASONS FOR DECISION

In his Reasons for Decision1 of 18 November 1991, the Registrar granted registration to the Australian Hotels Association (Tasmanian Branch) (AHA). He also indicated that a certificate of registration will be issued pursuant to Section 64(1) of the Industrial Relations Act 1984 following the determination of award interest by a Commissioner.

This matter concerns a reference from the President because the AHA has sought an interest in the Hotels, Resorts, Hospitality and Motels Award.

At a hearing on Friday, 29 November the application for interest was heard.

Mr Ireland for the AHA comprehensively addressed the requirements of Section 63 (10)(c)(i), (ii) and (iii) of the Act and included, inter alia, the fact that:

1. The AHA in Tasmania has members in the industry covered by the award. There are 225 members in hotels, taverns and wine saloons and the number is growing continuously.

    It was explained that members are also covered by a Federal award. However the classification of greenkeeper/gardener is only contained in the State award, and such persons are employed by members within the industry.

2. Membership is consistent with the AHA's constitution and a true copy has been lodged with the Registrar. The objects of this organisation include the provision of industrial coverage of members, both federally and within the State.

3. The organisation being granted award interest would not prejudice the orderly conduct of industrial relations in Tasmania. Prior to the creation of the Tasmanian Industrial Commission in 1984 the AHA was represented on the Industrial Board covering hotels and motels and has always maintained a high standard of responsible industrial conduct.

In summary Mr Ireland said that there was a good case for the granting of interest because the AHA relied upon the State award in respect of the classification of greenkeeper/gardener; it wished to provide a complete industrial coverage to its members; and to restore the status quo, which existed prior to 1984.

Whilst the Tasmanian Confederation of Industries participated in the hearing it raised no objection to the granting of the application.

Having heard the evidence presented I am satisfied that the organisation has met the requirements of Section 63(10(c) of the Act and it is my decision to grant to the Australian Hotels Association (Tasmanian Branch) an interest in the Hotels, Resorts, Hospitality and Motels Award.

Date of Effect

This decision shall be incorporated into the award with effect from 29 November 1991.

The file is now returned to the Registrar.

 

A. Robinson
DEPUTY PRESIDENT

Appearances:
Mr D.F. Ireland for the Australian Hotels Association (Tasmanian Branch).
Mr S. Clues for the Tasmanian Confederation of Industries.

Date and Place of Hearing:
Hobart:
1991
29 November

1 TR432 of 1990 and TR433 of 1990