TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.65A(1) application for leave to recall certificate of registration
s.23 application for award or award variation

Registrar
(T.Nos. 4231 and 4236 of 1993)

Federation of Industrial, Manufacturing and Engineering Employees
Tasmania Branch
(T.Nos. 4241 and 4242 of 1993)

BUILDING TRADES AWARD
BUILDING AND CONSTRUCTION INDUSTRY AWARD

Award interest - determination
Award variation - inclusion of the Federation of Industrial, Manufacturing and Engineering Employees Tasmania Branch in Clause 6 - Parties and Persons Bound - award varied - operative from 10 March 1993

REASONS FOR DECISION

These applications were lodged by the Federation of Industrial, Manufacturing and Engineering Employees, Tasmanian Branch (FIMEE) for the purpose of:

(1) having their certificate of registration recalled, pursuant to section 65A of the Act and reissued in an amended form on the grounds that two awards in which they have an interest are not specified in their certificate.

(2) varying the Building Trades Award and the Building and Construction Industry Award, pursuant to section 23 of the Act, by inserting the FIMEE into 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 M Dowd, representing the FIMEE in relation to these applications, I have satisfied myself that the FIMEE should be granted an interest in the Building Trades Award and the Building and Construction Industry Award and I decide accordingly.

I have formulated my decision on the facts that:

1. I have satisfied myself that 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 10 March 1993.

The Order giving effect to this decision is attached.

R J Watling
COMMISSIONER

Appearances:
Mr M Dowd for the Federation of Industrial, Manufacturing and Engineering Employees, Tasmanian Branch.
Mr M Clifford for the Construction, Forestry, Mining and Energy Union, Tasmanian Branch.

Date and place of hearing:
1993
Mar 8, 10
Hobart