T5674
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Australian Education Union, CLERICAL EMPLOYEES AWARD
Award interest - objection withdrawn - interest granted REASONS FOR DECISION This matter concerns a referral to me following a request by the Australian Education Union, Tasmanian Branch (AEU) for an interest in the Clerical Employees Award (now the Administrative and Clerical Employees Award) (the award). The Community and Public Sector Union (State Public Services Federation Tasmania) (the SPSFT) had first objected to the granting of interest and the matter was argued at considerable length and a number of witnesses gave evidence in relation to their membership of the AEU. On 23 November 1995 the SPSFT was to respond to final submissions put by the AEU in relation to its request for interest to be granted in the award. However at that time the SPSFT relied upon Section 21 of the Industrial Relations Act 1984 to request that I refrain from further hearing the application for a number of reasons. Notwithstanding the stage reached previously the AEU subsequently said that the matter could be relisted because of developments which had occurred following further discussions between the parties. When the hearing resumed on 15 April 1996 it was agreed by both organisations that:
The parties have very sensibly now been able to settle upon mutually agreed terms and conditions designed to effectively demark the areas of membership coverage within occupational groups employed within the Tasmanian Department of Education and the Arts. There are very specific conditions which apply and it is unnecessary for me to detail them because they have been appended as "Attachment A" to this decision. Essentially however the arrangement entered into is intended to prevent either side from encroaching upon "non-traditional" areas of membership coverage. Thus the AEU for instance may continue to represent certain existing members in TAFE Institutes. The "Statement of Intent" recognises that the outcome of current proceedings before the Australian Industrial Relations Commission in matter C.33163/93, and any significant changes to those parts of the Federal Industrial Relations Act which may occur and are relative to this matter, may require consideration at a later time. 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 such organisation's request is consistent with the criteria specified by Section 63(10)(c) of the Act. Accordingly it is my decision to grant to the Australian Education Union, Tasmanian Branch an interest in the Administrative and Clerical Employees Award (previously the Clerical Employees Award) with effect on and from the date of this decision. The file will now be returned to the Registrar to enable him to make the necessary amendments to the certificate of registration.
A. Robinson Appearances: Date and Place of Hearing: |