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Tasmanian Industrial Commission

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T3903

 

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.63(10)(c) application for determination of award interest

Tasmanian Automobile Chamber of Commerce
(T.3903 of 1992)

AUTOMOTIVE INDUSTRIES AWARD

 

COMMISSIONER P A IMLACH

20 August 1992

Award interest - determination

REASONS FOR DECISION

This matter concerned an application for interest in the Automotive Industries Award (the Award) and was referred to me by the President under Section 63(10)(b) of the Act following the registration by the Registrar in accordance with Part V of the Act of an organisation of private employers known as the Tasmanian Automobile Chamber of Commerce (the Chamber).

At the hearing the Chamber submitted that it ought to be granted interest in the Award because it had complied with the relevant requirements set out in Section 63(10)(c) of the Act.

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

      (i) the membership of the organization 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 organization's rules or constitution a copy of which has been lodged with the Registrar pursuant to subsection (1); and

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

In support of its submissions the Chamber produced a copy of its rules and evidence that it had members who were engaged in the automotive industry in this State.

The Chamber, with evidence and in submissions, referred to its active role in the Australian Industrial Relations Commission and its need to represent in particular in this State, commercial clerks and travellers who were not

covered under counterpart Federal Awards. On the basis of the latter need and its good record, the Chamber also submitted that the granting of interest in this Commission would not prejudice the orderly conduct of industrial relations in Tasmania.

I am satisfied that the Chamber has met the requirements of the Act in this matter and that the granting of interest in the Award to the Chamber would not be against the public interest and I so determine.

The award will be amended as sought, operative from the date of this decision. As required under Section 63(12) a copy of this decision will be forwarded to the Registrar for attention.

An Order is attached.

 

P A Imlach
COMMISSIONER

Appearances:
R Joyce for the Tasmanian Automobile Chamber of Commerce.

Date and place of hearing:
1992.
Hobart:
August 11.