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Tasmanian Industrial Commission

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T4679, T4680, T4681, T4682, T4683, T4684, T4685 & T4686

 

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.23 application for award or variation of award

Australian Education Union, Tasmanian Branch

EDUCATION AND MEDIA SERVICES STAFF AWARD
(T.4679 of 1993)
GENERAL CONDITIONS OF SERVICE AWARD

(T.4680 of 1993)
PHYSIOTHERAPISTS, OCCUPATIONAL THERAPISTS AND SPEECH PATHOLOGISTS AWARD

(T.4681 of 1993)
SPORT AND RECREATION OFFICERS AWARD

(T.4682 of 1993)
TEACHING SERVICE (DIRECTORS AND SUPERINTENDENTS) AWARD

(T.4683 of 1993)
TEACHING SERVICE (NON-TEACHING STAFF) AWARD

(T.4684 of 1993)
TEACHING SERVICE (TEACHING STAFF) AWARD

(T.4685 of 1993)
TECHNICAL AND FURTHER EDUCATION STAFF AWARD

(T.4686 of 1993)

 

DEPUTY PRESIDENT A ROBINSON

HOBART, 19 November 1993

Award variation - union amalgamation - delete from Clause 6 - Parties and Persons Bound - Tasmanian Teachers Federation, Tasmanian TAFE Staff Society (formerly Tasmanian Technical Colleges Staff Society), Tasmanian Institute of Senior Education Administrators and the Secondary Colleges Staff Association - insert Australian Education Union, Tasmanian Branch - consent matter - award varied - operative 14 October 1993

REASONS FOR DECISION

These matters were joined for hearing and concern applications by the Australian Education Union, Tasmanian Branch, to vary Clause 6 - Parties and Persons Bound - in each of the awards by deleting the names of:

(1) The Tasmanian Teachers Federation
(2) The Secondary Colleges Staff Association
(3) Tasmanian TAFE Staff Society
(4) Tasmanian Institute of Senior Education Administrators

wherever occurring, and substituting the name of the Australian Education Union, Tasmanian Branch (AEU) in lieu thereof.

The name changes sought arise from the fact that each of the above listed organisations were permitted to have their amalgamation recognised pursuant to Section 67A of the Act.

Furthermore by Decision1 of the Registrar issued on 14 October, 1993, the requirements of Section 67A(2)(a) and (b) were found to have been met and the amalgamated organisation was registered effective from 14 October, 1993.

In addition a decision was made by the Registrar to issue a certificate of registration in the name of the AEU bearing the names of those awards in which the deregistered organisations formally held an interest.

The matter was one of consent and I am satisfied that the granting of the applications would be consistent with public interest [Section 36 of the Act] because it supports the notion of fewer organisations; and can in my view have no adverse effects upon:-

(i) the economy of any industry effected by the awards concerned, or

(ii) the economy of Tasmania or the level of employment.

For these reasons the applications are granted and the awards listed will be varied in the manner sought through Orders being issued by Commissioners to whom those awards have been assigned.

Date of Effect:

It is my decision that the variations to the awards concerned shall have effect on and from 14 October 1993.

I have given retrospective effect to the variation for the following reasons:-

1. The parties to the various awards concerned who had been properly notified of the time and place of hearing; and were made fully aware of the nature of the variations sought, and who attended the hearing, agreed to retrospectivity to the extent granted [Section 37(5)(a) of the Act].

2. There were in my opinion special circumstances that make it fair and right to do so [Section 37(5)(b) of the Act}.

My reasons for forming this view are that:-

(a) Registration was granted to the AEU with effect from 14 October 1993 and it makes common sense that the awards in which it has also been granted an interest should contain a provision which reflects that fact with effect from the same date that that right was granted by the Registrar.

(b) If retrospectivity was not granted and the award showed a different date to that specified on the certificate of registration then unnecessary confusion could be created both to the AEU and others.

 

A Robinson
DEPUTY PRESIDENT

Appearances:
Mr C Lane for the Australian Education Union, Tasmanian Branch
Mr R Hunt for the Tasmanian Public Service Association

Date and Place of Hearing:
1993
November 18
Hobart