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Tasmanian Industrial Commission

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TP1/4

 

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.63(10)(b) referral for determination of award interest

Tasmanian Technical Colleges Staff Society
(TP1/4)

GENERAL CONDITIONS OF SERVICE AWARD

 

COMMISSIONER P A IMLACH

11 September 1991

Award interest - objection

CORRECTION DECISION

This is in essence a duplicate decision except that in the original decision issued on 14 March 1990 one or two mistakes were made: they have been corrected in this decision.

It should be noted, however, that the end result is still the same (the mistakes having no effect on the merits of the application) so there is no need to revoke the effect of the original decision.

This was an award interest determination referred to me by the President under Section 63(10) of the Act.

The Tasmanian Technical Colleges Staff Society (the Society) sought an interest in the General Conditions of Service Award and the Tasmanian Public Service Association (the Association) objected to the granting of that interest.

At the hearing, Mr D Holden appeared for the Society and Mr G Vines appeared for the Association. Mr C Lane, who appeared for the Tasmanian Teachers Federation (the Federation) sought and was granted leave to intervene, the Federation being a present party with an interest in the Award.

Initially Mr Vines submitted that the Society should not be granted an interest in the Award on various grounds. Mr Holden made his submissions in favour of the granting of interest, in particular referring to the fact that in the Technical and Further Education Staff Award, to which the Society was a party and had interest, a specific reference tied those covered thereby to the General Conditions of Service Award. Mr Holden also claimed that the denial of interest was against natural justice, the public interest and good industrial relations.

Mr Vines did not dispute that the Society had members covered by the Award, but he said, in itself, that was not sufficient for the granting of interest.

However, in light of all that had gone before, Mr Vines reconsidered his position and then formally withdrew his objections.

More importantly, I am satisfied that the Society has fulfilled the requirements of Section 63(10)(c) of the Act in that it has members covered by the General Conditions of Service Award, that such members are eligible to belong to the Society under its rules and that the granting of an interest in this Award will not "prejudice the orderly conduct of industrial relations in Tasmania."

I therefore determine that the Society has an interest in the General Conditions of Service Award.

The order previously issued by the Commission dated 14 March 1991 will stand.

 

P A Imlach
COMMISSIONER

Appearances:
D Holden for the Tasmanian Technical Colleges Staff Society.
G Vines for the Tasmanian Public Service Association.
C Lane for the Tasmanian Teachers Federation.

Date and place of hearing:
1991.
Hobart:
March