Department of Justice

Tasmanian Industrial Commission

www.tas.gov.au
Contact  |  Accessibility  |  Disclaimer

TR432 and TR433

 

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.63 application for registration

Australian Hotels Association
(Tasmanian Branch)

(TR432 of 1990)

and

Tasmanian Confederation of Industries
(TR433 of 1990)

 

REGISTRAR Q.H. JAMES

HOBART, 18 November 1991

Registration as an organisation of employers

REASONS FOR DECISION

This application for registration was lodged by the Australian Hotels Association (Tasmanian Branch) on 26 October 1990.

Following the serving of statutory notices pursuant to Section 63 (2)(b) of the Act, a notice of objection to the registration of the abovenamed was lodged by the Tasmanian Confederation of Industries on 1 November 1990 on the grounds that:

(i) the requirements for registration pursuant to Section 63(3)(a)(iv) of the Act have not been met, in that AHA members are respondent to the Federal award; and

(ii) the TCI is an organisation to which members of the AHA (Tasmanian Branch) might conveniently belong and accordingly pursuant to Section 63(4) the application should be refused.

In accordance with the requirements of the Act a hearing was convened for the purpose of determining the application and the objection, but prior to its commencement on 12 December 1990 advice was received from the Confederation withdrawing their objection following discussions with the applicant.

At the conclusion of the hearing on 12 December 1990, Mr O'Brien who was at that time representing the AHA undertook to provide further particulars in support of the application particularly in relation to the ability of the AHA to satisfy the requirements of Section 63(3)(a)(iv).

Due to a combination of circumstances it was not until 22 October 1991 that the hearing was resumed on which occasion submissions for the applicant association were made by Mr D.F. Ireland.

Mr Ireland submitted that whilst the applicant was bound by The Hotels, Resorts and Hospitality Industry Award of the Australian Industrial Relations Commission, the State award does in fact apply to members of the AHA in Tasmania insofar as the classification of greenkeeper is concerned. This classification is not provided for in the Federal award nor is it likely to be in the immediate future.

He also submitted that it was important for the AHA to be in a position to act on behalf of the hotel industry in matters coming before this Commission which of necessity requires registration under the Industrial Relations Act 1984.

I am satisfied that the application for registration by the Australian Hotels Association (Tasmanian Branch) complies with the requirements for registration specified in the Act and the application is now granted. A certificate of registration will be issued pursuant to Section 64(1) following the determination by a Commissioner of award interest.

 

Q.H. James
REGISTRAR

Appearances:
Mr P. O'Brien (12.12.90) and Mr D.F. Ireland (22.10.91) for the Australian Hotels Association (Tasmanian Branch).
Mr S. Clues for the Tasmanian Confederation of Industries.

Date and Place of Hearing:
1990:
Hobart
December 12
1991:
Hobart
October 22