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TASMANIAN INDUSTRIAL COMMISSION
Industrial Relations Act 1984
s23 application for an award or variation of an award
Automotive, Food, Metals, Engineering,
Printing and Kindred Industries Union
(T5394 of 1995)
AUTOMOTIVE INDUSTRIES AWARD
CEMENT MAKERS AWARD and Correction Order
DRAUGHTING AND TECHNICAL OFFICERS (PRIVATE INDUSTRY) AWARD
ELECTROLYTIC ZINC AWARD
EMU BAY RAILWAY AWARD
FERRO ALLOYS AWARD
FISH, AQUACULTURE AND MARINE PRODUCTS AWARD
GENERAL CONDITIONS OF SERVICE AWARD
GENERAL OFFICERS AWARD
GOVERNMENT PRINTING OFFICE PRODUCTION STAFF AWARD
MARINE BOARDS AWARD
METAL AND ENGINEERING INDUSTRY AWARD
METAL AND ENGINEERING ON-SITE CONSTRUCTION INDUSTRY AWARD
METAL TRADES (STATE EMPLOYEES) AWARD
OPTICAL INDUSTRIES AWARD
PASMINCO ROSEBERY (MINING) AWARD
POULTRY AND GAME PRODUCTS PROCESSING AWARD
PRINTERS AWARD
RESTAURANT KEEPERS AWARD
SHIPBUILDERS AWARD
SURVEYORS (PRIVATE INDUSTRY) AWARD
TASMANIAN GOVERNMENT DEPARTMENTS (MECHANICAL AND
ELECTRICAL) ENGINEERING AWARD
VEGETABLE PRESERVERS AWARD
FULL BENCH:
PRESIDENT F D WESTWOOD
COMMISSIONER R K GOZZI
COMMISSIONER P A IMLACH |
17 MARCH 1995
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Award - variation of Parties and Persons Bound clauses consequent on amalgamation of unions
REASONS FOR DECISION
This application sought to vary the Parties and Persons Bound clauses in the nominated awards, to replace the Automotive, Food, Metals and Engineering Union and/or the Printing and Kindred Industries Union, wherever appearing, with the newly registered "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union".
Mr Baker, appearing for the applicant, informed the Commission that the application was made as a consequence of the Registrar's decision of 10 February 1995, in Matter TR465 of 1995.
That decision contained the following:
"After hearing the applicants I am satisfied that the requirements of Section 67A(2)(a) and (b) have been met and accordingly the application is granted and the amalgamated organisation is registered effective from 10 February 1995.
In accordance with the requirements of Section 67(3)(a) the registration of the organisations referred to above is cancelled and a certificate of registration in the name of the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union will be issued bearing the names of those awards in which the deregistered organisations formerly held an interest."
Mr Baker requested that the awards affected be amended to reflect the name change, principally the Parties and Persons Bound clauses, and consequential references wherever occurring.
Mr Nally, representing Pasminco Metals EZ, Pasminco Metals Rosebery and the Emu Bay Bay Railway Company had no objections to the submissions made by Mr Baker.
The Printing and Allied Trades Employers' Federation of Australia, through its Employee Relations Officer, Mr Hargrave, advised the Commission by letter dated 6 March 1995 that his federation did not object to the union's application to vary the award to reflect the union's new title.
No other party appeared at the hearing.
There being no objection the application is granted. The awards will be varied as requested, operative from 15 March 1995.
Orders giving effect to this decision will be issued by individual Commission members.
Appearances:
Mr P Baker for the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union
Mr M Nally for Pasminco Mining Rosebery, Pasminco Metals -EZ Risdon, and the Emu Bay Railway Company
Date and Place of Hearing:
1995
Hobart:
March 15
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