TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s23 application for an award or variation of an award

Association of Professional Engineers, Scientists and Managers,
Australia
(T5085 of 1994)

PROFESSIONAL ENGINEERS AND SCIENTISTS (PRIVATE INDUSTRY) AWARD

Award variation - Parties and Persons Bound Clause

REASONS FOR DECISION

With this application the Association of Professional Engineers, Scientists and Managers, Australia (APESMA), sought to vary the Parties and Persons Bound Clause in the Professional Engineers and Scientists (Private Industry) Award to remove reference to the Association of Professional Engineers and Scientists, Australia (APESA) and replace that with the name of the newly registered organisation.

The registration of APESA was cancelled by the Commission on 25 May 1994 and the registration of APESMA was effected by the Registrar on the same day.

On 1 June 1994, APESMA was granted an interest in the Professional Engineers and Scientists (Private Industry) Award with effect from that date.

Mr Pyrke, for the new organisation, requested the award be varied to reflect the name of the new organisation with effect from the date of hearing, i.e. 2 June 1994.

Mr Edwards, for the Tasmanian Chamber of Commerce and Industry Limited, signified his consent to the application, and noted that a hearing to vary the Parties and Persons Bound Clause was the only opportunity for an employer organisation to voice its opinion on the determination of interest of an employee organisation since only employee organisations had a right to be heard in those circumstances. Similarly, only employer organisations could be heard when determining interest for an employer organisation.

Having considered the submissions of both parties, I consider it appropriate that the Parties and Persons Bound Clause should be varied to incorporate the newly registered organisation in place of the deregistered Association of Professional Engineers and Scientists, Australia. The application is approved to take effect from 2 June 1994.

The order will issue in due course.

F D Westwood
PRESIDENT

Appearances:
Mr D. Pyrke for the The Association of Professional Engineers, Scientists and Managers, Australia
Mr T.J. Edwards for the Tasmanian Chamber of Commerce and Industry Limited

Date and place of hearing:
1994
Hobart:
June 2