T5144
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Australian Education Union, TECHNICAL EMPLOYEES AWARD
Award interest - interest granted REASONS FOR DECISION This application by the Australian Education Union, Tasmanian Branch (the AEU) relates to determination of award interest in the Technical Employees Award. The matter had previously been before the Commission on 5 September 1995, at which time the applicant sought an adjournment until the outcome of a similar application by the AEU1 relating to the Clerical Employees Award had been determined. In the event a decision in that matter was handed down on 16 April 1996. Mr Evans, representing the AEU, said his organisation and the Community and Public Sector Union (State Public Services Federation Tasmania) (the CPSU) had resolved their differences over union coverage in TAFE institutes and the Departments of Education and the Arts and Vocational Education and Training. As part of that resolution the parties had agreed to a signed "Statement of Intent", a copy of which was tendered as Exhibit AEU.1. Paragraph 2 of the statement is as follows:
It was submitted the Statement of Intent had been tendered in the Clerical Employees Award matter. Mr Evans said that the AEU had given undertakings in relation to its intentions regarding employees covered by the Technical Employees Award and how it intended to operate under the agreement. It would continue to represent members of long standing in the Department of Vocational Education and Training, and at TAFE Institutes where it had traditionally had membership coverage. He said the AEU had 26 members classified under the award and that Section 8 of the Rules of the organisation registered with this Commission enabled the AEU to enrol those members. Mr Evans contended that the Statement of Intent agreed between the parties was a positive contribution to the orderly conduct of industrial relations in this State. Mr Evans submitted that the application met the tests required by Section 63(10)(c) of the Industrial Relations Act 1984 and accordingly interest should be granted. Ms Strugnell, representing the CPSU, supported Mr Evans' submissions in relation to the Statement of Intent and she said it was on that basis the CPSU withdrew its objection to the AEU obtaining an interest in the Technical Employees Award. Given the consent of the parties I am satisfied that there is no longer any impediment to the granting of interest sought by the AEU and am satisfied that organisation's request is consistent with the criteria specified by Section 63(10)(c) of the Act. Accordingly I determine that the Australian Education Union, Tasmanian Branch has an interest in the Technical Employees Award with effect on and from the date of this decision. The file will now be returned to the Registrar for his attention pursuant to section 63(12) of the Act.
F D Westwood Appearances: Date and Place of Hearing: |