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T3254

 

TASMANIAN INDUSTRIAL COMMISSION

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

Printing and Kindred Industries Union,
Tasmanian Branch

(T.3254 of 1991)

GOVERNMENT PRINTING OFFICE PRODUCTION STAFF AWARD

PRINTING STAFF - GOVERNMENT PRINTING OFFICE AWARD

SUPERVISORY AND TECHNICAL STAFF (GOVERNMENT PRINTING OFFICE) AWARD

 

COMMISSIONER P A IMLACH

3 September 1991

Award interest - certificate of registration

REASONS FOR DECISION

On 14 September 1990 the Commission made a new award1 called the Government Printing Office Production Staff Award which in effect superseded the Printing Staff - Government Printing Office Award and the Supervisory and Technical Staff (Government Printing Office) Award.

As a result of that decision the Printing and Kindred Industries Union, Tasmanian Branch (the Union) made application to the Registrar to have its certificate of registration recalled and reissued on the grounds that (1) it wished to obtain interest in the new award and (2) delete the references in it to the superseded awards.

In relation to the first ground of the union's application, I am required by S.63(10)(c) of the Act to satisfy myself on three specific grounds as to the interest an organisation may have in an award. They are:

"(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."

After hearing the submissions of the Union, I am satisfied that the requirements of the Act have been met and decide that the Union be granted an interest in the Government Printing Office Production Staff Award. In coming to this decision I have given consideration to the following facts:

1. the application conforms with Sections 63(10)(c)(i) and (ii) of the Act;

2. the orderly conduct of industrial relations would not be prejudiced by the granting of the application; and

3. there was no opposition to the application.

In relation to the second part of the Union's application relating to the deletion of the two superseded awards from its certificate of registration I note that the Union's members employed in the area are now covered by the provisions contained in the new award. I therefore determine that the Union no longer has an interest in either the Printing Staff - Government Printing Office Award and the Supervisory and Technical Staff (Government Printing Office) Award.

A copy of this determination will be forwarded to the Registrar as required by Section 65A(6) of the Act.

I will leave it to the Union to make application to have the superseded awards rescinded.

Orders varying the three awards are attached operative from 28 August 1991.

 

P A Imlach
COMMISSIONER

Appearances:
S Walsh for the Printing and Kindred Industries Union, Tasmanian Branch.

Date and place of hearing:
1991.
Hobart:
August 28.

1 T.2646 of 1990