T2680
IN THE TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984
The present matter concerns a reference by the President pursuant to Section 63(10)(c) of the Act. I am required to hear and determine an application by the Salaried Pharmacists Association for the granting of an interest in the Chemists Award. This follows the recent granting of registration by the Registrar. A search of the file satisfies me that due and proper notice to other relevant parties was issued pursuant to the requirements of Section 63(11) of the Act. The Industrial Relations Act 1984 requires me, when dealing with the present application, to take into account such matters as are specified in Section 63(10)(c) which states, inter alia: "(c) that Commissioner shall determine which awards the organisation has an interest in by satisfying himself 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 (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." After hearing submissions relating to the application, I have satisfied myself that the Salaried Pharmacists Association (Tasmanian Branch) should be granted an interest in the Chemists Award and I decide accordingly. I have formulated 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 award opposed the application. I will now forward a copy of this decision to the Registrar thus enabling him to issue the Certificate of Registration. The award shall also be varied to reflect the decision with an operative date of 19 September 1990. The Order giving effect to this decision is attached.
A. Robinson
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