IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

This matter comes before me pursuant to Section 63(10)(c) of the Industrial Relations Act 1984 to determine award interest for the Tasmanian Salaried Medical Practitioners' Society in the following awards:

1. Medical Practitioners (Public Sector);

2. General Conditions of Service; and

3. Hospitals.

At the commencement of the hearing, Mr. Tilbrook representing the TSMPS, sought to amend the application to exclude the Hospitals Award. This was granted.

In determining this matter, Section 63(1)(c) of the Act requires me to satisfy myself that

"(i) the membership of the organization 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 (a)(a)(vii) relate or who are State employees to whom those awards relate;

(ii) that membership is consistent with the organization's rules or constitution a copy of which has been lodged with the Registrar pursuant to subsection (1); and

(iii) the organization being granted an interest in an award or awards would not prejudice the orderly conduct of industrial relations in Tasmania."

After hearing the applicant seeking the determination and other employee organizations who have an interest in the said awards, I have satisfied myself that the Tasmanian Salaried Medical Practitioners' Society should be granted an interest in the Medical Practitioners (Public Sector) Award and the General Conditions of Service Award and I decide accordingly.

I have based my decision on the facts that:

1. the application conforms with Section 63(10)(c) (i) and (ii) of the Industrial Relations Act 1984;

2. by granting the application it would not prejudice the orderly conduct of industrial relations in Tasmania; and

3. no party to the awards opposed the applications.

I will now forward a copy of this decision to the Registrar thus enabling him to finalise the organization's Certificate of Registration.

The awards shall also be varied to reflect the decision with an operative date of 21 July 1989.

The Order giving effect to the variation required to the Medical Practitioners (Public Sector) Award will not be drawn at this stage as the award contains a number of inconsistencies in relation to the 'Scope' clause, as well as other sections of the award.

When these matters are rectified, as a result of an application made by any of the parties to the award, I will draw the necessary Order.

However, in respect to the Order giving effect to the decision insofar as it relates to the General Conditions of Service Award, I wish to point out it will be issued in the near future when matters going to objections relating to other employee organizations seeking an interest in the award are finalised.

R.J. Watling
COMMISSIONER