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Tasmanian Industrial Commission

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T5673

 

TASMANIAN INDUSTRIAL COMMISSION

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

Tasmanian Newsagents Association Ltd
(T.5673 of 1995)

NATIONAL TRAINING WAGE (TASMANIAN PRIVATE SECTOR) AWARD

 

COMMISSIONER R J WATLING

HOBART, 9 August 1995

Award interest

REASONS FOR DECISION

On 16 June 1995 the Commission made a new award called National Training Wage (Tasmanian Private Sector) Award. Arising out of that decision (T.Nos 5535, 5536, 5537, 5538, 5509, 5490 and 5495 of 1995) the Tasmanian Newsagents Association Ltd (the association) made application to the President to have its interest in that 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 association had an interest in the award called National Training Wage (Tasmanian Private 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 Forbes Ireland representing the Tasmanian Newsagents Association Ltd in relation to the application, I have satisfied myself that the association should be granted an interest in the National Training Wage (Tasmanian Private 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;

3)  there was no opposition to the application.

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 8 August 1995.

The Order giving effect to this decision is attached.

 

R J Watling
COMMISSIONER

Appearances:
Mr Forbes Ireland for the Tasmanian Newsagents Association Ltd

Date and place of hearing:
1995
August 8
Hobart