T3805
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Construction Forestry and Mining Employees Union, CEMENT MAKERS AWARD
Parties and persons bound - change of name REASONS FOR DECISION This was an application for the name of an organisation to be changed in the list of parties and persons bound in the Cement Makers Award (the Award). The union seeking to have its name changed was the Construction Forestry and Mining Employees Union, Tasmanian Branch (the CFMEU); the name specified in the Award at the time of the hearing was the Building Workers' Industrial Union of Australia (Tasmanian Branch) (the BWIU). So far as this Commission is concerned the BWIU changed its name to the CFMEU at the time of the decision in matter T.3762 of 1992 on 15 May 1992. In that matter a Full Bench of the Commission approved the de-registration of The Australian Timber and Allied Industries Union No. 6 (Tasmanian) Branch. Its amalgamation with the BWIU at the State level and the recognition of the amalgamated organisation, the CFMEU, occurred at the same time. The aim of this application, therefore, was to bring about the same name change from the BWIU to the CFMEU in the Award. On the grounds that this was a fresh review of the matter of the CFMEU's part in the Award, and noting that, at present in the State of Tasmania, there is only one company covered by the Award, the Goliath Portland Cement Company at Railton (the Company), the Tasmanian Confederation of Industries (the Confederation) opposed the granting of the application and sought alternatively that the name of the BWIU simply be deleted from the Award. One of the Confederation's reasons for pursuing this course was its submission that historically the BWIU should have been deleted in the process of settlement of such matters, coordinated by the Tasmanian Trades and Labor Council after the Industrial Relations Act 1984 was first introduced: the Confederation said that, in this case, the BWIU had slipped the net then. Another reason was the fact that, to the Confederation's knowledge, the BWIU had little or no membership working for the Company. In view of the purpose of this application, merely to effect a name change (similar to what has happened already in a number of awards of the Commission concerning the BWIU), I do not accept the submissions of the Confederation: I do not consider them appropriate in the circumstances of this application. Submissions such as those put by the Confederation in this matter would be better suited to an application made under Section 65A of the Act. The Award will be amended as requested operative from 16 June 1992. An order is attached.
P A Imlach Appearances: Date and place of hearing: |