T5413
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 The AWU-FIME Amalgamated Union, MEAT INDUSTRY AWARD
Award interest REASONS FOR DECISION On 3 March 1995 the Commission made a new award called the Meat Industry Award. Arising out of that decision (T.5316 of 1995) The AWU-FIME Amalgamated Union, Tasmania Branch (AWU-FIME) 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 the certificate. This matter was referred to me by the President for the purpose of determining whether or not The AWU-FIME had an interest in the Meat Industry 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." Mr J Swallow of The Australasian Meat Industry Employees Union, Tasmanian Branch (AMIEU) sought and was granted leave to intervene in this matter. After hearing submissions from Mr Cooper representing The AWU-FIME Amalgamated Union, Tasmania Branch in relation to the application, I have satisfied myself that The AWU-FIME should be granted an interest in the Meat Industry 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) there was no opposition to the application. (3) by granting the application it would not prejudice the orderly conduct of industrial relations in Tasmania because the applicant and the intervener have demarked the work covered by the award in the following manner: (a) The AWU-FIME will retain coverage of employees at Inghams Enterprises Pty Ltd, Nicholls Poultry and Rannoch Quail; (b) The AMIEU will retain coverage of employees at Gourmet Fine Foods; (c) The AWU-FIME will not seek to enrol members · in any area where red meat is processed or · at any premises where red and/or white meat is sold by retail. (4) in the case of greenfields sites where white meat and/or game meat is processed, then The AWU-FIME and The AMIEU will resolve which organisation will have coverage through discussions between the two organisations. 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 30 March 1995 The Order giving effect to this decision is attached.
R J Watling Appearances: Date and place of hearing: |