TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.23 application for award or variation of award

The Association of Professional Engineers and Scientists, Australia
Professional Engineers Branch, Tasmania
(T.3465 of 1991)

GENERAL CONDITIONS OF SERVICE AWARD
PROFESSIONAL ENGINEERS AWARD
PROFESSIONAL ENGINEERS (PRIVATE INDUSTRY) AWARD
NORTH WEST REGIONAL WATER AUTHORITY EMPLOYEES AWARD

Parties and Persons Bound

REASONS FOR DECISION

These four matters have been joined because of their commonality of purpose. The application was preceded by action of the Registrar who confirmed by letter to the applicant dated 2 September 1991 that, inter alia, following advice under Section 67(b) of the Industrial Relations Act he had on that day changed the name of the organisation in accordance with the altered rules to be registered as "The Association of Professional Engineers and Scientists, Australia, Professional Engineers Branch, Tasmania" (APEA).

In the proceedings before me the APEA sought to vary the Parties and Persons Bound clause to reflect the name change in the four following awards:

1. General Conditions of Service Award.
2. Professional Engineers Award.
3. Professional Engineers (Private Industry) Award.
4. North West Regional Water Authority Employees Award.

The file confirms that every organisation with a current interest in each of the four named awards was given proper notice of:

(a) the nature of the APEA's application;
(b) the time and place of hearing.

At the time of the hearing no other organisation entered an appearance, nor was any written or other advice received in relation to the APEA's application.

I required the applicant in this matter to advise me as to whether the following criteria can be met, i.e.:

1. 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;

2. 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

3. the organisation being granted an interest in an award or awards would not prejudice the orderly conduct of industrial relations in Tasmania.

Mr Pyrke was able to provide the Commission with a positive response on each of these matters and emphasised in particular that:

(i) The "new" organisation would not change the industrial coverage of the "old", and in particular would not cover scientists.

(ii) The APEA has no history of industrial disputation nor involvement in demarcation disputes.

Having regard for all of these factors I am satisfied upon each of the relevant criteria. Accordingly the application is granted and the awards will be varied accordingly.

Date of Effect

These variations shall have effect on and from 16 October 1991.

Orders are attached.

A Robinson
DEPUTY PRESIDENT

Appearances:
Mr D Pyrke for The Association of Professional Engineers and Scientists, Australia, Professional Engineers Branch, Tasmania.

Date and Place of Hearing:
Hobart
1991
16 October