TASMANIAN INDUSTRIAL COMMISSION

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

Federation of Industrial, Manufacturing and Engineering Employees
Tasmania Branch
(T.3750 of 1992)

Australian Mines and Metals Association (Incorporated)
(T.3760 of 1992)

Metals and Engineering Workers' Union
(T.3830 of 1992)

METAL AND ENGINEERING ON-SITE CONSTRUCTION INDUSTRY AWARD

Award interest - determination

REASONS FOR DECISION

On 1 June 1992 the Commission made a new award called the Metal and Engineering On-Site Construction Industry Award. Arising out of that decision (T.2756 of 1990) the Federation of Industrial, Manufacturing and Engineering Employees, Tasmania Branch (FIMEE), the Metals and Engineering Workers' Union (M&EWU) and the Australian Mines and Metals Association (Incorporated) (AMMA) made application to the Registrar to have their current certificates 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.

These matters were referred to me by the President for the purpose of determining whether or not the FIMEE, the M&EWU and the AMMA had an interest in the Metal and Engineering On-Site Construction Industry Award.

The Industrial Relations Act 1984 requires 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 organization 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 industria 1 relations in Tasmania.

After hearing submissions from the parties in relation to these applications, I have satisfied myself that the FIMEE, the M&EWU and the AMMA should be granted an interest in the Metal and Engineering On-Site Construction Industry Award and I decide accordingly.

I have formulated my decision on the facts that:

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

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

3. there was no opposition to the applications.

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

The award shall also be varied to reflect the decision with an operative date of 16 .June 1992.

The Order giving effect to this decision is attached.

R J Watling
COMMISSIONER

Appearances:
Mr P Baker for the Metals and Engineering Workers Union.
Mr J Long for the Federation of Industrial, Manufacturing and Engineering Employees, Tasmania Branch.
Mr S Clues for the Tasmanian Confederation of Industries.
Mr R Perkins for the Australian Mines and Metals Association (Incorporated).

Date and place of hearing:
1992
June 15
Hobart