TASMANIAN INDUSTRIAL COMMISSION

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

Australian Workers' Union
Tasmania Branch
(T.3391 of 1991)

SHELLFISH INDUSTRY AWARD

Award interest - certificate of registration

REASONS FOR DECISION

On 30 August 1991, the Commission made a new award called the Shellfish Industry Award operative from 30 August 1991. Arising out of that decision (T.3313 of 1991), the Australian Workers' Union, Tasmania Branch (AWU) made application to the Registrar to have its current certificate of registration recalled and re-issued in an amended form on the grounds that an award in which it has an interest is not specified in the certificate.

This matter was referred to me by the President for the purpose of determining whether or not the AWU had an interest in the Shellfish Industry Award.

The Industrial Relations Act 1984 required me, when dealing with such applications, to take into account such matters as specified in section 63(10)(c) which states, inter alia:

"(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 submissions in relation to the application, I have satisfied myself that the AWU should be granted an interest in the Shellfish Industry Award and I decide accordingly.

I have formulated my decision of the facts that:

1. the application conforms with section 63(10)(c)(i) and (ii) of the Industrial Relations Act 1984;

2. by granting the application it would not prejudice the orderly conduct of industrial relations in Tasmania.

3. no party to the award opposed the application.

I will now forward a copy of this decision to the Registrar thus enabling him to make the necessary amendments to the certificate of registration.

The award shall also be varied to reflect the decision with an operative date of 25 September 1991.

The Order giving effect to this decision is attached.

R J Watling
COMMISSIONER

Appearances:
Mr J Wilkinson for the Australian Workers' Union, Tasmania Branch.
Mrs H Dowd for the Federated Clerks Union of Australia, Tasmanian Branch.

Date and place of hearing:
1991
September 19
Hobart