TASMANIAN INDUSTRIAL COMMISSION

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

Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union
(T9752 of 2001)

FIRE SERVICE AWARD

Award interest - determination - interest granted - award varied - operative 20 December 2001 - forwarded to Acting Registrar to amend Certificate of Registration

REASONS FOR DECISION

[1] This was an application by the Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union (the AFMEPKIU), made under Section 65A of the Industrial Relations Act 1984 (the Act), seeking to have an interest determined in the Fire Service Award (the award), and to have it added to the AFMEPKIU's Certificate of Registration with the Commission.

[2] The United Firefighters Union of Australia (Tasmanian Branch) (UFFU) appeared at the hearing and, after indicating that it was not opposed to the granting of interest to the AFMEPKIU in this matter, withdrew.

[3] The AFMEPKIU in its submissions relied on section 63(10)(c) of the Act and said:

• it had enlisted members, in particular diesel mechanics, fitters and boilermakers, who were employed under the award;

• those members' occupations were consistent with the rules of the AFMEPKIU lodged with the Acting Registrar in accordance with the Act, and

• the granting of interest would not prejudice the orderly conduct of industrial relations in Tasmania.

[4] In support of these submissions, the AFMEPKIU produced financial records to show that the relevant employees had become members. The AFMEPKIU also produced a copy of those parts of its rules registered with the Commission which indicated that the members concerned were eligible to become its members. The AFMEPKIU submitted that its state and national expertise in representing its members in this area would contribute to good industrial relations. Moreover, an industrial agreement, reached after long and painstaking negotiations, had been settled recently with the Minister Administering the State Service Act 2000, and this made it desirable for the AFMEPKIU to be granted an interest in the Award.

[5] The Community and Public Sector Union (State Public Services Federation) Tasmania (the CPSU) opposed the granting of interest in the award to the AFMEPKIU on the grounds that there already existed a union that had a registered interest in the award, the CPSU, and it was quite capable of attending to the industrial needs of the employees concerned and had already done so.

[6] The CPSU also indicated that the evidence submitted by the AFMEPKIU as proof that it indeed did have the particular members claimed was unsatisfactory and not conclusive.

[7] After hearing submissions, the matter was adjourned to enable the AFMEPKIU to produce further evidence in support of its claim to have enlisted the requisite members. Later that same day, such evidence of membership was produced and accepted by the CPSU (and the Commission) as sufficient evidence.

Determination

[8] On the basis that the AFMEPKIU has met the requirements of the Act as outlined, I reject the arguments put in opposition by the CPSU and the application is approved.

[9] As required under Section 63(10)(c), a variation to the award reflecting this determination is attached: it will operate from the date of this decision.

P A Imlach
COMMISSIONER

Appearances:
Mr P Baker, Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union
Mr R Miller, The Community and Public Sector Union (State Public Services Federation) Tasmania
Mr R Warwick, The United Firefighters Union of Australia (Tasmanian Branch)

Date and place of hearing:
2001
December 12
Hobart