TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.65A application for determination of award interest
s.23 application for variation of award

Construction, Forestry, Mining and Energy Union,
Tasmanian Branch
(T.4165 of 1992)
(T.4194 of 1992)

GENERAL CONDITIONS OF SERVICE AWARD

Award interest - determination
Award variation - Clause 6 - parties and persons bound - change of name

REASONS FOR DECISION

These two matters were joined for hearing and concerned applications for interest to be determined and for the General Conditions of Service Award to be varied by including the Construction, Forestry, Mining and Energy Union, Tasmanian Branch (CFMEU) in the "Parties and Persons Bound" clause of that award if interest was granted.

Mr Clifford of the CFMEU addressed the requirements of Section 63(10)(c) of the Act, going to the questions of relevant membership, constitutional right, and interest not being prejudicial to the orderly conduct of industrial relations in Tasmania.

The Commission sought from the CFMEU documentary proof to support submissions made as to details of membership and terminology contained in its constitution.

The CFMEU also placed on record a form of words to the effect that it would not be seeking to recruit members from classifications not traditionally claimed by it. Against this background no objections to the granting of interest were raised.

On all of the evidence and material before me I am satisfied that the requirements of Section 63(10)(c) of the Act have been met and I therefore determine that the Construction, Forestry, Mining and Energy Union, Tasmanian Branch, shall have an interest in the General Conditions of Service Award.

I further decide that the name of the said organisation shall be included in that award as one of the employee parties and persons bound.

At the same time it is opportune to delete the name of The Federated Engine Drivers' and Firemen's Association of Australasia, Tasmanian Branch et al.

The file is now remitted to the Registrar in accordance with the requirements of Section 63(12) of the Act.

Date of Operation

Both matters decided shall come into operation on and from 23 September 1992.

Order is attached.

A Robinson
DEPUTY PRESIDENT

Appearances:
Mr M Clifford for the Construction, Forestry, Mining and Energy Union, Tasmanian Branch
Mr R Warwick for the Health Services Union of Australia Tasmania No. 1 Branch

Date and place of hearing:
1993
February 11
Hobart