TASMANIAN INDUSTRIAL COMMISSION

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

Tasmanian Catholic Education Employees' Association
(T.3146 of 1991)

CATHOLIC EDUCATION AWARD

Determination of award interest

REASONS FOR DECISION

This matter concerns a reference pursuant to Section 65A(1) and (2) of the Act following the lodgement of a written request by the Tasmanian Catholic Education Employees' Association for the recall of its certificate of registration and the determination of its interest in the Catholic Education Award.

The matter was made subject to a hearing in Hobart on 9 July 1991.

Whilst the Federated Miscellaneous Workers Union of Australia entered an appearance, it indicated that it had no objection to the granting of award interest to the Tasmanian Catholic Education Employees' Association following the reaching of certain understandings with that organisation concerning the intended scope of the award.

There were no other objectors.

I am required to take into account such matters specified in Section 63(10)(c) as are relevant to the making of a determination [65A(5)].

Section 63 (10)(c) provides that:

"(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."

The Commission as constituted was advised at the hearing that the applicant organisation:

(a) Has a membership of over 600 persons who are employed in Catholic schools, colleges and the Catholic Education Office, i.e. the industry to which the relevant award relates.

(b) Such membership is consistent with the Association's "Philosophy, Objects and Rules", a copy of which has been both lodged with the Registrar and tendered in evidence at the hearing.

(c) The said organisation has been a party to a number of registered industrial agreements since 1986; has properly conducted itself; and being granted an interest would not prejudice the orderly conduct of industrial relations in Tasmania.

Having regard for the evidence and submissions presented, and the absence of any objectors, I hereby determine that the Tasmanian Catholic Education Employees' Association shall have an interest in the Catholic Education Award.

Date of Effect

This determination shall have effect on and from 9 July 1991.

The Order is attached.

A copy shall be forwarded to the Registrar pursuant to the requirements of Section 63(12) of the Act.

A. Robinson
DEPUTY PRESIDENT

Appearances:
Mr P. Bevilacqua for the Tasmanian Catholic Education Employees' Association.
Mr K. O'Brien for the Federated Miscellaneous Workers Union of Australia, Tasmanian Branch.

Date and Place of Hearing:
1991:
Hobart
9 July