T4735

TASMANIAN INDUSTRIAL COMMISSION

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

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(T.4735 of 1993)

COMMUNITY AND HEALTH SERVICES (PUBLIC SECTOR) AWARD

COMMISSIONER R J WATLING

2 June 1995

Award interest

REASONS FOR DECISION

On 7 October 1993 the Commission made a new award called the Community and Health Services (Public Sector) Award. Arising out of that decision (T.4014 of 1992) the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia made application to have its interest in an award specified in the organisation's certificate of registration.

This matter was referred to me by the President for the purpose of determining whether or not the CEEEIPPASU had an interest in the Community and Health Services (Public Sector) 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 submissions from Mr Sierink, representing the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia in relation to the application, I have satisfied myself that the CEEEIPPASU should be granted an interest in the Community and Health Services (Public Sector) 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 because the applicant and the Health Services Union of Australia, Tasmania No. 1 Branch (an intervener) have demarked the work covered by the award in the manner set out in Attachment A to this decision;

3) there was no opposition to the application by the Health Services Union of Australia, Tasmania No. 1 Branch or the State Public Services Federation Tasmania who have been previously granted an interest in the said award.

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 2 June 1995.

The Order giving effect to this decision is attached.

R J Watling
COMMISSIONER

Appearances:
M A Sierink with Mr K Coppleman for the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
Mr T Kleyn intervening for the Health Services Union of Australia, Tasmania No. 1 Branch
Mr R Clegg intervening for the State Public Services Federation Tasmania

Date and place of hearing:
1995
June 2
Hobart

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