T4166 and T4197
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TASMANIAN INDUSTRIAL COMMISSION
Industrial Relations Act 1984
Construction, Forestry, Mining and Energy Union,
Award interest ‑ determination
REASONS FOR DECISION
These applications were lodged by the Construction, Forestry, Mining and Energy Union, Tasmanian Branch (the union) pursuant to sections 65(a) and section 23 of the Industrial Relations Act 1984 for leave to recall the certificate of registration on the grounds that the organisation had an interest in an award not currently appearing on the certificate and a consequential amendment to the Vegetable Preservers Award by including the name of the applicant in Clause 6 ‑ Parties and Persons Bound.
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 organisation 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 industrial relations in Tasmania.
After hearing submissions from Mr Clifford representing the Construction, Forestry, Mining and Energy Union, Tasmanian Branch in relation to the application, I have satisfied myself that the union should be granted an interest in the Vegetable Preservers Award and I decide accordingly.
I have formulated my decision on the facts that:
1. the application conforms with section 63(10)(c)(i) and (ii) of the Industrial Relations Act 1984;
2. by granting the application it would not prejudice the orderly conduct of industrial relations in Tasmania;
3. there was no opposition to the application.
I will now forward a copy of this decision to the Registrar thus enabling him to make the necessary amendments to the certificate of registration.
The award shall also be varied to reflect the decision with an operative date of 15 March 1993.
R J Watling
Appearances:
Date and place of hearing: |