T8846
|
TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Transport Workers' Union of Australia (Victorian/Tasmanian Branch) AERATED WATERS AWARD
Award interest - determination - interest granted for awards as listed in decision - awards varied - operative 22 July 2002 - forwarded to A/Registrar REASONS FOR DECISION [1] This is an application by the Transport Workers' Union of Australia (Victorian/Tasmanian Branch) [the applicant], lodged pursuant to Section 65A of the Industrial Relations Act 1984, seeking a determination of "Interest" in the following awards:
[2] The President referred the application, pursuant to Section 65A[2], to myself for hearing and determination and, if necessary, subsequent award variation. The application was set down for hearing on 18 July 2002 at 2.15 pm. [3] Mr P Tullgren of The Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch, Mr W Noonan of the Transport Workers' Union of Australia (Victorian/Tasmanian Branch), Mr M Cook of the Transport Workers' Union of Australia (Victorian/Tasmanian Branch), and Mr P Noonan of the Shop, Distributive and Allied Employees Association, Tasmanian Branch appeared for the applicant. Mr M Watson of the Tasmanian Chamber of Commerce and Industry Limited and Mrs K Mundy of the National Meat Association of Australia (Tasmanian Division) appeared for the employer associations. [4] 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." [5] With the consent of the parties the application was amended to delete the following awards from the application:
(6) The applicant set the following awards aside, reserving their right to bring further applications before the commission in respect of those awards:
(7) Having heard the parties I am satisfied that:
(8) In the circumstances I consider there is no impediment to my determining that the Transport Workers' Union of Australia (Victorian/Tasmanian Branch) has an interest in the following Awards and I decide accordingly:
(9) Having determined that the union has an interest in the awards, in accordance with Section 65A{6A}, the awards will be varied to reflect that determination. The relevant Orders, effective from 22 July 2002, will issue in due course. (10) A copy of this decision will be forwarded to the Acting Registrar to enable him to issue the union's certificate of registration.
P C Shelley Appearances: Date and Place of Hearing: |