T2947
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Tasmanian Chambers of Retailers
REASONS FOR DECISION In his decision of 24 January 19911 the Registrar granted registration to the Tasmanian Chamber of Retailers (TCR). However in doing so the Registrar indicated that a certificate of registration will be issued pursuant to Section 64(1) of the Act following the determination by a Commissioner of award interest. The TCR applied to have an interest granted in the following awards:
That particular application was referred to me by the President pursuant to Section 63(10)(b) of the Act. At the hearing conducted on 7 March 1991, it was found to be procedurally convenient to hear the application as it related to all 12 nominated awards together. The TCR sought and was granted leave to amend its application to the extent of deleting the Cleaners Award from its list of awards in which it sought an interest. The applicant in this matter also acknowledged that, if as suggested by the Tasmanian Confederation of Industries (TCI), the Furnishing Trades Award no longer contains a retail section, then it would be inappropriate to continue to seek an interest in that award. This matter must be determined in accordance with the requirements of Section 63(10(c) of the Act which provides as follows:
(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." Whilst no other registered organisation formally opposed the granting of award interest the TCI took a position where it was prepared to acknowledge that granting the TCR interest in appropriate awards would not be likely to prejudice the orderly conduct of industrial relations in Tasmania, but relied upon the fact that the applicant must be able to demonstrate compliance with the requirements of 63(10(c)(i) and (ii) of the Act. The TCR provided to the Commission details of its membership of employers who are engaged in industries or occupations to which awards stated in its application relate. Whilst relevant numbers in this regard are not static, Mr McDougall was able to advise that at last count the TCR had 26 members; the names of some being read into transcript. It was also stated that the total number of employees currently employed by members of TCR approximates 6,900 persons. Mr McDougall quoted from that part of the TCR's Memorandum of Association which goes to the question of having membership consistent with such rules or constitution. And in particular reference was made to paragraph 2.7 which provides:
Assurances were also placed on record by TCR that as part of its function as a responsible industrial organisation of employers it will continue to consult and co-operate with other registered organisations as necessary and pursue the interest of its members in a manner consistent with the objectives and requirements of the Industrial Relations Act 1984. In deciding this matter I have been brought to the conclusion that the TCR is an organisation:
In accordance with the provisions of Section 63(10)(c) of the Act I therefore determine that the Tasmanian Chamber of Retailers has an interest in the following awards of this Commission:
The list of awards in which an interest has been granted excludes the Furnishing Trades Award because it presently contains no retail section, and the Cleaners Award which was withdrawn. It is possible that in the future changes to membership and/or changes to the scope of some awards may constitute grounds for reviewing the extent of the TCR's award interest. Date of Effect The granting of interest in the awards listed shall have effect on and from the date of this decision. Orders will follow. The file is now referred to the Registrar pursuant to the requirements of Section 63(12) of the Act.
A Robinson Appearances: Date and Place of Hearing: |