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T708

 

IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

T.708 of 1987

IN THE MATTER OF AN APPLICATION BY THE FEDERATED MISCELLANEOUS WORKERS AWARD, TASMANIAN BRANCH FOR THE MAKING OF A NEW AWARD

   
 

RE: HEALTH AND FITNESS CENTRES AWARD

   

COMMISSIONER R K GOZZI

HOBART, 14 May 1990

   

REASONS FOR DECISION

   

APPEARANCES:

   

For the Federated Miscellaneous
Workers Union of Australia,
Tasmanian Branch

- Mr K O'Brien

   

For the Australian Theatrical and
Amusement Employees Association,
Tasmanian Branch  

- Mrs E Smyth (9.4.87, 21.5.87,
  6.7.87, 29.7.87, 9.8.89,
  25.10.89 and 2.4.90
  Mr D Shelverton (21.12.89,
  19.2.90, 20.2.90 and 10.5.90

   

For the Tasmanian Confederation
of Industries

- Mr W Fitzgerald

   

DATES AND PLACE OF HEARING:

 

9 April 1987 Hobart
21 May 1987 Hobart
6 July 1987 Hobart
29 July 1987 Hobart
9 August 1989 Hobart
25 October 1989 Hobart
21 December 1989 Hobart
19 February 1990 Hobart
20 February 1990 Hobart
2 April 1990 Hobart
10 May 1990 Hobart

 

In this matter the Federated Miscellaneous Workers Union of Australia, Tasmanian Branch (FMWU) sought the making of the Health and Sports Centres Award.

The title of the award was subsequently amended to Health and Fitness Centres Award when leave to amend the application was granted by the Commission on 10 May 1990.

The change in title addressed a particular concern of the Australian Theatrical and Amusement Employees Association, Tasmania Branch (ATAEA). That organisation and the FMWU have endeavoured to demarcate certain areas of work proposed to be covered by the award. I was informed in proceedings that this was successfully achieved leading to the foregoing change in the title of the award and to the proposed scope clause.

However, prior to that position being reached the ATAEA advised the Commission that it considered that the FMWU lacks the constitutional coverage within its rules to cover some classifications in the proposed award.

This earlier concern by the ATAEA gave rise to Mr Fitzgerald, appearing for the Tasmanian Confederation of Industries, to make submissions with the view of persuading the Commission that the question of the FMWU's constitutional ability to be a party with an interest in the proposed award should be determined as a threshold matter.

Mr Fitzgerald maintained that point of view albeit that the FMWU and the ATEA have resolved their differences, as indicated above.

Given that circumstance, and the fact that an award has to be in place before determination of interest can be dealt with, having regard to how the Industrial Relations Act 1984 is currently framed, I have decided to make the award, by consent of the parties, in respect of Title and Scope only.

It follows therefore that I am satisfied that the Title and Scope clauses properly reflect the coverage of work endeavoured to be brought under the proposed award and that this is consistent with the public interest provisions set out in Section 36 of the Industrial Relations Act 1984 (the Act).

Therefore, pursuant to Section 24(5) of the Act the Health and Fitness Centres Award is established, in the terms of the attached order, operative from the date of this decision.

Following the expiry of the statutory appeal period which attaches to this decision I envisage that those organisations seeking an interest in the award now made, do so in accordance with the provisions of the Act.

 

RK Gozzi
COMMISSIONER