TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.65A application for determination of award interest

Textile, Clothing and Footwear Union of Australia,
Tasmanian Branch
(T5934 of 1995)

CLOTHING INDUSTRY AWARD

Award interest

REASONS FOR DECISION

This matter was referred to me by the President for the purpose of determining whether or not the Textile, Clothing and Footwear Union of Australia, Tasmanian Branch (the union) had an interest in the Clothing Makers Award Arising out of matter T6153 of 1996 the award changed its name to the Clothing Industry Award.

At the commencement of the hearing on the 4 June 1996 Mr Strickland, for the Union, sought and was granted leave to amend the application.

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.

After hearing submissions from Mr Strickland, representing the Union in relation to the application, I have satisfied myself that the Union should be granted an interest in the Clothing Industry Award and I decide accordingly.

I have formulated my decision on the facts that -

• the application conforms with section 63(10)(c)(i) and (ii) of the Industrial Relations Act 1984;

• by granting the application it would not prejudice the orderly conduct of industrial relations in Tasmania;

• there was no opposition to the application.

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 4 June 1996.

The Order giving effect to this decision is attached.

R J Watling
COMMISSIONER

Appearances:
Mr D Strickland for the Textile, Clothing and Footwear Union of Australia, Tasmanian Branch

Date and place of hearing:
1995
December 12
Hobart
1996
June 4
Hobart