T2421
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IN THE TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984
In my Reasons for Preliminary Decision1 in matter T.708 of 1987 the Health and Fitness Centres Award was established operative from 14 May 1990. The award was made in respect of Title and Scope only in order to facilitate the expeditious determination of award interest. Accordingly the Federated Miscellaneous Workers Union of Australia, Tasmanian Branch (FMWU) requested the Registrar, pursuant to Section 65A(1) of the Industrial Relations Act 1984 (the Act) to make application to the President for leave to recall that organisation's certificate of registration for subsequent amendment or otherwise following determination of interest proceedings. This matter therefore was referred to me by the President to conduct determination of interest proceedings. When I first heard the matter some difficulties were encountered in that the position of the Australian Theatrical and Amusement Employees Association, Tasmanian Branch (ATAEA) in respect of coverage for certain areas of work falling within the scope of the Health and Fitness Centres Award had not been satisfactorily demarcated between that organisation and the FMWU. Additionally the Tasmanian Confederation of Industries (TCI) raised concerns in that it was not satisfied that the FMWU could demonstrate membership in the industry subject to the scope of the award. In the event the hearing for determination of interest was adjourned to enable the parties further time to resolve their differences. When the hearing resumed on 2 August 1990 the TCI withdrew its objection to the granting of award interest to the FMWU. The ATAEA also advised the Commission by letter that it had reached agreement with the FMWU on the following basis: "1. The applicant being the F.M.W.U. have sole coverage in the Health & Fitness Centres Award. 2. The A.T.A.E.A. - Tas. Branch will preserve its coverage of Theogynes employees, employed under the Federal Squash Award to which Theogynes are respondents. 3. That other sporting areas are to be covered by the A.T.A.E.A. - Tas. Branch this being in accordance with its rules. 4. That this Association undertakes not to oppose the F.M.W.U. application in this matter and further the A.T.A.E.A. - Tas. Branch seeks to withdraw its interest in this matter." Having regard to the foregoing and to the submissions of Mr O'Brien in respect of the obligation of the FMWU to satisfy the Commission in the context of the stipulations set out in Section 63 (10) (c) (i) (ii) and (iii) of the Act, I determine that the FMWU has an interest in the Health and Fitness Centres Award. A copy of this determination, operative from the date of this decision, has been forwarded to the Registrar. The order is attached.
RK Gozzi
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