TASMANIAN INDUSTRIAL COMMISSION

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

The Federated Miscellaneous Workers Union of Australia
(T.3910 of 1992)

RESTAURANT KEEPERS AWARD

Award interest

REASONS FOR DECISION

This matter concerns a reference pursuant to Section 65A(2) for hearing and determination.

More particularly The Federated Miscellaneous Workers Union of Australia, Tasmanian Branch, (the FMWU) applied for interest in the Restaurant Keepers Award.

The Commission questioned the appropriateness of proceeding at a time when registration matters affecting both the FMWU and the Federated Liquor and Allied Industries Employees' Union of Australia (FLAIEU) were imminent, but were yet to be settled. However no formal objections were raised and there appeared to be no technical impediment to dealing with the application at that time.

Mr O'Brien affirmed that the FMWU:

(a) Has members currently employed in the industries covered by the Restaurant Keepers Award and drew attention to a number of classifications currently specified, i.e. General Service Employee. This definition includes duties associated with laundry and/or linen duties; collection and delivery of day cleaning; and general cleaning duties, as well as that of baking, etc.

(b) The membership is consistent with the organisation's rules or constitution; and it has traditionally been involved with such functions as already adverted to; and a copy of these rules have been lodged with the Registrar.

(c) Being granted an interest would not prejudice the orderly conduct of industrial relations in Tasmania.

In this regard comfort can be taken from the fact that:

(i) no objections have been lodged;

(ii) the only other major organisation party to the award is to merge with the FMWU shortly.

The evidence before the Commission is that The Federated Miscellaneous Workers Union of Australia, Tasmanian Branch, has satisfied the requirements of Section 63(10)(c) of the Act and accordingly it is my decision to grant that organisation interest in the Restaurant Keepers Award.

Date of Operation:

This decision shall have effect on and from 31 July 1992.

The file is now remitted to the Registrar.

A Robinson
DEPUTY PRESIDENT

Appearances:
Mr K. O'Brien for The Federated Miscellaneous Workers Union of Australia, Tasmanian Branch, and the Federated Liquor and Allied Industries Employees' Union of Australia - Tasmanian Branch.

Date and Place of Hearing:
1992:
Hobart
July 31