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TR467

 

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.67(2) application for approval to alter rules

The Community and Public Sector Union
(State Public Services Federation Tasmania)

(TR.467 of 1995)

 

REGISTRAR Q.H. JAMES

HOBART, 14 November 1995

Rule change - application to alter eligibility rules

REASONS FOR DECISION

This application was lodged by The Community and Public Sector Union (State Public Services Federation Tasmania) pursuant to Section 67(2) of the Industrial Relations Act 1984 and sought approval to effect an alteration to its constitution rule in a manner which would permit employees of the union to become members.

A hearing was conducted on 24 October 1995 at which The Community and Public Sector Union (State Public Services Federation Tasmania), the applicant, and Australian Municipal, Administrative, Clerical and Services Union were heard.

There is a substantial body of opinion that considers it undesirable for employees to be members of the union which is their employer. It is obvious that a potential for conflict arises where a union becomes both the representative of the employees and the employer in an industrial relationship.

In this matter however where because the proposal is restricted to a single employer (and only a small number of employees are involved) and further that the Australian Municipal, Administrative, Clerical and Services Union is not objecting to the proposed rule change, I intend to approve the alteration.

Having regard for the dual coverage that will exist, with the Australian Municipal, Administrative, Clerical and Services Union already having as members, employees of The Community and Public Sector Union (State Public Services Federation Tasmania), there will at least be an alternate organisation to represent employees in the event of industrial disputation should they so desire.

The altered rule is approved to read as follows:

"3. CONSTITUTION

(1) the CPSU (SPSFT) shall consist of an unlimited number of persons employed in or by:

(a) the State;

(b) a State Authority;

(c) a public hospital; or

(d) the CPSU (SPSFT)."

     

Appearances:
Mr G. Vines for The Community and Public Sector Union (State Public Services Federation Tasmania).
Mrs H. Dowd for the Australian Municipal, Administrative, Clerical and Services Union.

Date and Place of Hearing:
1995.
Hobart:
October 24