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TR471

 

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.63(10)(c) determination of award interest

Australian Retailers Association - Tasmania Division
(TR No. 471 of 1999)

CLOTHING INDUSTRY AWARD
MEAT RETAILING AWARD
MISCELLANEOUS WORKERS AWARD
PHOTOGRAPHIC INDUSTRY AWARD
RESTAURANT KEEPERS AWARD
RETAIL TRADES AWARD
SECURITY INDUSTRY AWARD
TIMBER MERCHANTS AWARD
WHOLESALE TRADES AWARD

 

COMMISSIONER R J WATLING

HOBART, 27 September 1999

Award interest - determination - interest granted - award varied - operative September 1999 - forwarded to Acting Registrar to amend Certificate of Registration

REASONS FOR DECISION

The Acting Registrar, having determined, on 29 July 1999, that the Australian Retailers Association - Tasmania Division (the applicant), application for registration complied with the requirements of the Industrial Relations Act 1984 (the Act), forwarded it to the President. Pursuant to s.63(10)(b) of the Act, the matter was referred to me for the purpose of determining whether or not the applicant had an interest in the:

  • Clothing Industry Award;
  • Meat Retailing Award;
  • Miscellaneous Workers Award;
  • Photographic Industry Award;
  • Restaurant Keepers Award;
  • Retail Trades Award;
  • Security Industry Award;
  • Timber Merchants Award; and the
  • Wholesale Trades 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) of the Act 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."

Mr DAC McDougall, representing the Australian Retailers Association - Tasmania Division, sought and was granted leave to withdraw the following awards from the application:

  • Meat Retailing Award;
  • Restaurant Keepers Award;
  • Security Industry Award; and the
  • Timber Merchants Award.

After hearing Mr McDougall's submissions in respect of the remaining awards, I hereby determine that the Australian Retailers Association - Tasmania Division should be granted an interest in the:

  • Clothing Industry Award;
  • Miscellaneous Workers Award;
  • Photographic Industry Award;
  • Retail Trades Award; and
  • Wholesale Trades Award

for the following reasons:

1. I am satisfied that the applicant organisation has members, who are employers, in the industry or occupation to which the awards relate and, that membership is consistent with the constitution of the Australian Retailers Association - Tasmania Division; and

2. by granting an interest in the awards concerned, would not prejudice the orderly conduct of industrial relations in Tasmania; and

3. there was no opposition to the application.

Given my finding in this matter and pursuant to s.63(12A) of the Act, the Clothing Industry Award; Miscellaneous Workers Award; Photographic Industry Award; Retail Trades Award; and Wholesale Trades Award will be varied to give effect to this decision

The relevant Orders are attached and will be operative on and from 27 September 1999.

I will now forward a copy of this decision to the Acting Registrar thus enabling him to specify the above mentioned awards on the organisation's certificate of registration.

 

R J Watling
COMMISSIONER

Appearances:
Mr DAC McDougall for Australian Retailers Association - Tasmania Division

Date and place of hearing:
1999
September 27
Hobart