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Tasmanian Industrial Commission

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T3124

 

TASMANIAN INDUSTRIAL COMMISSION

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

Tasmanian Public Service Association
(T.3124 of 1991)

PORT ARTHUR AUTHORITY AWARD

 

COMMISSIONER R.K. GOZZI

HOBART, 30 July 1991

Determination of award interest

REASONS FOR DECISION

Notwithstanding that the Tasmanian Public Service Association (TPSA) is cited in the "Parties and Persons Bound" clause of the Port Arthur Authority Award, it appears that a determination of interest for the TPSA was overlooked. This oversight was discovered by the Registrar, Mr James, who brought the matter to the attention of the TPSA.

In the ensuing proceedings to rectify the requirement for an interest to be determined, Mr Smyth for the TPSA satisfied the Commission that the employee organisation he was representing complied with all of the requirements of Section 63 10(c)(i)(ii) and (iii) of the Industrial Relations Act 1984. The stipulations in that part of the Act 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 regard to those provisions Mr Smyth referred the Commission to a current list of TPSA members subject to the Port Arthur Authority Award and to the Rules of the TPSA, Exhibit S2, which established that the membership in question is consistent with those Rules. With regard to the orderly conduct of industrial relations in Tasmania, I concur with Mr Smyth that it would be in the public interest for the TPSA to be granted an interest in the award.

In all of the circumstances the determination of interest is made for the TPSA in the award operative from 26 July 1991. The order is attached.

 

R.K. Gozzi
COMMISSIONER

Appearances:
Mr C. Smyth for the Tasmanian Public Service Association.

Date and Place of Hearing:
1991:
Hobart
July 26