T2670
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IN THE TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984
The Pasminco Rosebery (Mining) Award was made by the Commission operative from the first full pay period to commence on or after 8 August 1990. Consequential to that decision1 the Electrical Trades Union of Australia, Tasmanian Branch (ETU) made application to the Registrar to have its Certificate of Registration recalled and amended to include the Pasminco Rosebery (Mining) Award subject to the outcome of determination of interest proceedings. Accordingly this matter was referred to me by the President to determine if the ETU has an interest in the Award. In that regard the Commission is required to have regard to the provisions of Section 63(10)(c) of the Industrial Relations Act 1984 (the Act) which are as follows: "(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." Having heard the submissions of Mr Kenny appearing for the ETU I am satisfied that the ETU has met all of the stipulations in Section 63(10)(c) and I therefore determine an interest for this employee organisation in the award in question. In the circumstances this determination of interest is forwarded to the Registrar pursuant to Section 65(A)(6) of the Act. The order operative from 8 August 1990 (which was the first full pay period to commence on or after 8 August 1990) is attached.
R K Gozzi |
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