T4135
|
TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Construction, Forestry, Mining and Energy Union, CEMENT MAKERS AWARD
Award variation - parties and persons bound REASONS FOR DECISION This was an application by the Construction, Forestry, Mining and Energy Union, Tasmanian Branch (the Union) for an amendment to be made to the Cement Makers Award (the Award). The application followed the amalgamation of The Federated Engine Drivers' and Firemen's Association of Australasia with the Construction Forestry and Mining Employees Union in the jurisdiction of the Australian Industrial Relations Commission on 23 September 1992 forming the Construction, Forestry, Mining and Energy Union. That amalgamation was recognised in this jurisdiction on 18 December 1992 when the registration of The Federated Engine Drivers' and Firemen's Association of Australasia, Tasmanian Branch was cancelled by a full bench of the Commission.1 The Australian Workers' Union, Tasmania Branch (the AWU) opposed the application saying that it had recently lodged an application with the Commission seeking to have the Union's interest in the award deleted. That latter application had not yet been referred by the President for hearing. The AWU sought an adjournment of the hearing so that its application could be determined first. The AWU advanced reasons for its application (in support of the adjournment), one being that the Union did not have a member employed in the industry. The Tasmanian Confederation of Industries supported the AWU's objection and request for an adjournment on the basis that the AWU application should be heard and determined first. The application for an adjournment was rejected because the AWU application had been made too late (the reasons for the AWU application had existed long before the events surrounding this application) and, in any case, this was primarily a consequential, procedural application to amend the Award. I confirm, this application seeks merely to change the name of the Construction Forestry and Mining Employees Union, Tasmanian Branch in the parties and persons bound clause of the Award to that of the Construction, Forestry, Mining and Energy Union, Tasmanian Branch. It is clearly a consequential, procedural name change following the ratification of the amalgamation in this jurisdiction and the application is therefore granted operative from 18 January 1993. It should be noted that, as a result of the decision of the full bench in matter T.4087 of 1992, and in conjunction with this matter, the name of The Federated Engine Drivers' and Firemen's Association of Australasia, Tasmanian Branch will be deleted from the Parties and Persons Bound clause of this award. An order is attached.
P A Imlach Appearances: Date and place of hearing: 1993. |