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Tasmanian Industrial Commission

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T2228

 

IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

 

T.2228 of 1989 IN THE MATTER OF A REFERRAL BY THE PRESIDENT PURSUANT TO SECTION 65 A(2) FOR THE DETERMINATION OF AWARD INTEREST FOR THE ASSOCIATION OF DRAUGHTING, SUPERVISORY AND TECHNICAL EMPLOYEES IN RESPECT OF THE DRAUGHTING AND TECHNICAL OFFICERS (PRIVATE INDUSTRY) AWARD
   
   
COMMISSIONER R.K. GOZZI HOBART, 15 December 1989
   

REASONS FOR DECISION

   
APPEARANCES:  
   
For the Association of Draughting,
Supervisory and Technical Employees,
Tasmanian Branch
- Mr P. Baker
   
DATE AND PLACE OF HEARING:  
   
12 December 1989         Hobart  
   

In this matter the Association of Draughting, Supervisory and Technical Employees (the Association) requested the Registrar, pursuant to Section 65 A(1) of the Industrial Relations Act (the Act), to make an application to the President for leave to recall the Association's certificate of registration consequential to its desire to have an interest determined in the Draughting and Technical Officers (Private Industry) Award.

In accord with the Association's request the Registrar made the appropriate application to the President, who in turn referred the matter to me, pursuant to Section 65 A(2) of the Act for determination in accordance with Section 65 A(3).

In matters of this kind the Commission must have regard for and be satisfied that the provisions of Section 63(10)(c)(i), (ii) and (iii) are met.

In that context the submissions of Mr Baker appearing for ADSTE were comprehensive. He satisfied the Commission that ADSTE, in respect of the above section of the Act:

(i) has members who are employees subject to the award;

(ii) that membership is consistent with ADSTE's Constitution and Rules; and

(iii) that the determination of interest in the award will not prejudice the orderly conduct of industrial relations in Tasmania.

On (iii) above it is to be noted that ADSTE is the only employee organisation bound to the award. It was responsible for the prosecution of the claim for the making of the award which became operative from the first full pay period to commence on or after 23 October 1989.

In all of the circumstances I determine that ADSTE has an interest in the award in question.

A copy of this determination has been forwarded to the Registrar in accordance with Section 65 A(6) of the Act.

The order, operative from the date of this decision, is attached.

 

R.K. Gozzi
COMMISSIONER