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Tasmanian Industrial Commission

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T3887, T4722 and T5457

 

TASMANIAN INDUSTRIAL COMMISSION

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

Shop, Distributive and Allied Employees Association,
Tasmanian Branch
(T3887 of 1992)
(T4722 of 1993)
(T5457 of 1995)

RESTAURANT KEEPERS AWARD

 

COMMISSIONER P A IMLACH

23 August 1996

Determination of award interest - SDAEA - Restaurant Keepers Award - Clause 6 - application approved - operative 23 Aug 96

REASONS FOR DECISION

These applications which were joined, were made under Section 65A(1) of the Act by the Shop, Distributive and Allied Employees Association, Tasmanian Branch (the Union) and sought an interest in the Restaurant Keepers Award (the Award).

The matters were referred to me by the President for determination and a hearing was convened.

The Union advised the Commission that due to a national demarcation agreement, it now was able to enlist employees in certain food service outlets in Tasmania which came under the jurisdiction of the Award.

In relation to the requirements of Section 63(10)(c) of the Act the Union submitted that it had complied with those requirements in that:

(i) the Union had enlisted in its ranks, employees working in establishments covered by the Award,

(ii) the rules of the Union had been altered to encompass the designated food service coverage, but, at the date of the hearing the rule changes had not been notified formally; and

(iii) the granting of interest in the Award to the Union would not prejudice the orderly conduct of industrial relations in Tasmania.

The Union provided evidence to the satisfaction of the Commission that it had enlisted in its ranks employees working in the establishments covered by the rule changes.

There were no objections to the applications.

At the hearing the Commission indicated that subject to the formal notification to the Commission of the rule changes, the applications would be granted.

The appropriate formal advice as to the rule changes has been received by the Registrar, therefore the applications are granted.

I hereby determine, in accordance with Section 65A(3) of the Act, that the Shop, Distributive and Allied Employees Association, Tasmanian Branch has an interest in the Restaurant Keepers Award.

An order is attached.

 

P A Imlach
COMMISSIONER

Appearances:
Mr P Griffin for the Shop, Distributive and Allied Employees Association, Tasmanian Branch

Date and place of hearing:
1992
July 31
Hobart
1993
December 15
Hobart
1995
May 23
Launceston