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T7301

 

TASMANIAN INDUSTRIAL COMMISSION

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

The Association of Professional Engineers, Scientists and Managers, Australia
(T7301 of 1997)

RETAIL PHARMACY AWARD

 

COMMISSIONER R J WATLING

HOBART, 17 December 1997

Award interest - application granted - forwarded to Registrar

REASONS FOR DECISION

On 8 December 1994 the Commission, as currently constituted, granted the Salaried Pharmacists' Association (Tasmania Branch) an interest in the Retail Pharmacy Award as it satisfied the requirements of s.63(10)(c)(i), (ii) and (iii)1.

In a decision arising out of the Australian Industrial Relations Commission2, Senior Deputy President Williams approved the amalgamation of The Association of Professional Engineers, Scientists and Managers, Australia (APESMA), The Salaried Pharmacists' Association (SPA) and the Association of Railway Professional Officers of Australia (ARPOA). He concluded by deregistering the (SPA) and the (ARPOA). The 15 December 1997 was the day fixed on which the amalgamation was to take place.

Mr D Pyrke, of APESMA, advised the Registrar of this Commission, in correspondence dated 14 and 17 October 1997, that the above amalgamation had taken place.

The Registrar, in correspondence to Mr Pyrke dated 31 October 1997, acknowledged receipt of:

· the altered rules of APESMA which now provide eligibility for pharmacists in Clause 3.10 of its constitution; and

· the decision of Williams SDP re date of effect of amalgamation and deregistration of the SPA.

Pursuant to s.68(1A) of the Industrial Relations Act 1984 the Registrar cancelled the registration of the Salaried Pharmacists' Association (Tasmania Branch).

As a result, APESMA applied to the President, in accordance with s.65(A) of the Act, for an interest in the Retail Pharmacy Award, consequent upon the amalgamation in the federal jurisdiction and the cancellation of the Salaried Pharmacists' Association (Tasmania Branch) in this jurisdiction.

I am satisfied that the members of the now cancelled Salaried Pharmacists' Association (Tasmania Branch) form part of The Association of Professional Engineers, Scientists and Managers, Australia. The organisation consists of members in the industry described in the Retail Pharmacy Award and that membership is consistent with the rules of the organisation lodged with the Registrar.

Therefore the application is consistent with s.63(10)(c)(i) and (ii) of the Act.

I am also satisfied that by granting APESMA an interest in the Retail Pharmacy Award, it will not prejudice the orderly conduct of industrial relations in Tasmania.

For the foregoing reasons, I hereby determine that, The Association of Professional Engineers, Scientists and Managers, Australia be granted an interest in the Retail Pharmacy 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 Order arising out of this decision to vary the award to reflect this determination, pursuant to s.65A(6A) of the Act, is attached.

 

R J Watling
COMMISSIONER

Appearances:
Mr D Pyrke for The Association of Professional Engineers, Scientists and Managers, Australia

Date and place of hearing:
1997
December 17
Hobart

1 T5281 of 1994
2 D No.30003 of 1997