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Tasmanian Industrial Commission

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T4352

 

TASMANIAN INDUSTRIAL COMMISSION

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

Australian Municipal, Transport, Energy, Water, Ports,
Community and Information Services Union -
Tasmanian Branch

(T.4352 of 1993)

COMMUNITY SERVICES AWARD

 

COMMISSIONER R K GOZZI

HOBART 18 May 1993

Determination of award interest

DECISION

Following the registration of the Australian Municipal, Transport, Energy, Water, Ports, Community and Information Services Union - Tasmanian Branch (ASU), that organization requested that its Certificate of Registration be recalled to reflect its interest in the Community Services Award.

Subsequently pursuant to Section 65A (1), the Registrar made application to the President for leave to recall the ASU's Certificate of Registration in order to initiate the process of determination of interest of the ASU in the Community Services Award. Accordingly the matter was referred to me for determination.

In the proceedings, Mr Paterson appearing for the ASU satisfied the Commission that the ASU met all of the criteria specified in Section 63(10)(c)(i), (ii) and (iii) of the Act. Supporting information was provided to the Commission in respect of the constitutional coverage of the ASU to have as members employees who are subject to the Community Services Award. Membership records were also provided which established that the ASU has in fact members employed in the industry to which the award has application.

With regard to the orderly conduct of industrial relations, Mr Paterson tendered Exhibit HSU5 which is a Memorandum of Understanding between the ASWU as it then was (now the ASU) and the HSUA regarding membership, demarcation and award coverage. That Memorandum of Understanding has the continued support of the ASU as indicated in Exhibit ASU5. I therefore accept that the orderly conduct of industrial relations in the industry subject to the Community Services Award will not be prejudiced by the granting of an interest in that award to the ASU.

Having regard to all of the foregoing, the ASU is granted an interest in the Community Services Award as from 28 April 1993.

A copy of this determination has been forwarded to the Registrar pursuant to Section 65A (6) of the Act.

 

R K Gozzi
COMMISSIONER

Appearances:
Mr I Paterson for the Australian Municipal, Transport, Energy, Water, Ports, Community and Information Services Union - Tasmanian Branch

Date and Place of Hearing:
1993
28 April
Hobart