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

Tasmanian Public Service Association
(T.4657 of 1993)




5 November 1993

Award interest


On 7 October 1993 the Commission made a new award called the Community and Health Services (Public Sector) Award. Arising out of that decision (T.4014 of 1992) the Tasmanian Public Service Association (TPSA) made application to the Registrar to have its current certificate of registration recalled and re-issued in an amended form on the grounds that an award in which it has an interest is not specified in its certificate.

This matter was referred to me by the President for the purpose of determining whether or not the TPSA had an interest in the Community and Health Services (Public Sector) Award.

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 Vines and Mr Aiken representing the Tasmanian Public Service Association in relation to the application, I have satisfied myself that the TPSA should be granted an interest in the Community and Health Services (Public Sector) 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 4 November 1993.

The Order giving effect to this decision will follow in due course.


R J Watling

Mr G Vines and Mr P Aiken for the Tasmanian Public Services Assoication.

Date and place of hearing:
November 1
November 4