Department of Justice

Tasmanian Industrial Commission

www.tas.gov.au
Contact  |  Accessibility  |  Disclaimer

T4282

 

TASMANIAN INDUSTRIAL COMMISSION

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

Registrar
(T.4282 of 1993

Health Services Union of Australia,
Tasmania No. 1 Branch

COMMUNITY SERVICES AWARD

 

COMMISSIONER R.K. GOZZI

HOBART, 31 March 1993

Award interest

REASONS FOR DECISION

Following the referral by the President of this determination of interest matter, a hearing pursuant to Section 65A(4) was held.

Mr Warwick appearing for the Health Services Union of Australia, Tasmania No. 1 Branch (HSUA) informed the Commission that the HSUA had constitutional coverage of employees classified as "personal carer" subject to the Community Services Award. He supported this with Exhibit HSUA3 which was a copy of the HSUA's Industry and Eligibility Rules.

Mr Warwick produced membership details which demonstrated that the HSUA has members who are employees subject to the Community Services Award (the award).

Similarly Mr Warwick notified the Commission that the orderly conduct of industrial relations in Tasmania would not be prejudiced by the granting of an interest to the HSUA in the award.

In what was a thorough and comprehensive submission Mr Warwick also referred the Commission to a Memorandum of Understanding Exhibit HSUA4, which outlined the demarcation arrangements between the HSUA and the Australian Social Welfare Union of Australia, Tasmanian Branch, with regard to coverage of employees subject to the award. A copy of this Memorandum is attached to this decision. The Commission was also assured that the demarcation arrangements agreed to by the HSUA and the ASWU, as it then was, will be honoured by the Australian Municipal, Transport, Energy, Water, Ports, Community, Information and Shipping Services Union, Tasmanian Branch, and indeed by the Social and Community Services Industry Division of that Union.

In all of the circumstances I determine that the HSUA has an interest in the award. A copy of the determination has been forwarded to the Registrar for his attention with regard to the HSUA's Certificate of Registration.

 

R.K. Gozzi
REGISTRAR

Appearances:
Mr R. Warwick for the Health Services Union of Australia, Tasmania No. 1 Branch.
Mr I. Patterson for the Australian Social Welfare Union, Tasmanian Branch.

Date and Place of Hearing:
1993
Hobart:
March 31