IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.65A application for determination of award interest

Transport Workers' Union of Australia,
Tasmanian Branch
(T2677 of 1990)

TRANSPORT WORKERS GENERAL AWARD

Award interest - certificate of registration

REASONS FOR DECISION

This is a determination of interest matter referred to me by the President in accordance with Section 65A(2) of the Act.

Following the making of the Transport Workers General Award (the Award), the Transport Workers' Union of Australia, Tasmanian Branch (the Union) applied to the Registrar for its certificate of registration to be amended to include interest in the Award.

At the hearing called for this matter to be determined, Mr B. Hansch, who appeared for the Union, sought the granting of interest. He confirmed that the Union complied with the requirements of Section 63(10)(c) of the Act in that:

• the Union included members who were employees in the occupation to which the Award related;

• membership of the Union was consistent with the rules of the Union (since the hearing, Mr Hansch has provided the Commission with a relevant extract from the rules of the Union); and

• the granting of interest in the Award to the Union "would not prejudice the orderly conduct of industrial relations in Tasmania".

Mr K. Brotherson, who appeared for the Tasmanian Confederation of Industries supported the granting of interest to the Union, but in the light of bans imposed by the Union at that time on employers in the furnishing trades industry, he sought an assurance from the Union that such practices would not take place in the future.

Mr Hansch, in response, denied all knowledge of bans imposed by his Union in the State jurisdiction.

On the basis that I was unaware of any disruptive activity by the Union, apart from Mr Brotherson's allegations, I did not intervene with this aspect of the proceedings.

I am satisfied that interest in the Award should be granted to the Union on the grounds that it has complied with the requirements of Section 63(10)(c) of the Act. An appropriate order will be issued operative from the date of this decision.

A copy of this determination will be forwarded to the Registrar in accordance with Section 63(12) of the Act.

P.A. Imlach
COMMISSIONER

Appearances:
B. Hansch for the Transport Workers' Union of Australia, Tasmanian Branch.
K. Brotherson for the Tasmanian Confederation of Industries.

Date and Place of Hearing:
1990.
Hobart:
September 17.