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Tasmanian Industrial Commission

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T6141

 

TASMANIAN INDUSTRIAL COMMISSION

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

The Australian Workers' Union, Tasmania Branch
(T.6141 of 1996)

NATIONAL TRAINING WAGE (TASMANIAN PRIVATE SECTOR) AWARD

 

DEPUTY PRESIDENT A ROBINSON

HOBART, 19 April 1996

Award interest - interest granted

REASONS FOR DECISION

This matter concerns the referral of an application made by The Australian Workers' Union, Tasmania Branch (AWU) for an interest in the National Training Wage (Tasmanian Private Sector) Award. It is a feature of that award that it is established in respect of the industries falling within the "Scope" clause of other awards listed in a schedule. Of particular relevance to the present application is the fact that the schedule includes a number of awards in which the AWU already has a registered interest. As an illustration the AWU has an interest in the following awards which are included in the schedule referred to:

  • The Automotive Industries Award
  • The Marine Boards Award
  • The Produce Award
  • The Timber Merchants Award

Arguably therefore the AWU could be said to have already satisfied the criteria necessary to gain an interest in the National Training Wage (Tasmanian Private Sector) Award without further proof being necessary.

However quite properly, in my view, Mr Cooper for the AWU presented to a hearing held on 17 April 1996 details of current members who are occupying classifications which are covered by the Scope clause of the Automotive Industries Award; being also an award included in the schedule to this award.

I have accepted this as being sufficiently illustrative of compliance with Section 63(10)(c)(i) of the Act.

Mr Cooper also addressed in some detail the question of membership being consistent with the AWU's Constitution, a copy of which has been lodged with the Registrar.

Then the Commission was reminded of the fact that the AWU has operated effectively within Tasmania for many years and has always responsibly conducted itself and in a manner consistent with the orderly conduct of industrial relations.

There were no objectors to the AWU's request for interest, and on all of the evidence and material before me I am satisfied that the requirements of Section 63(10)(c) of the Act have been met.

Accordingly it is my decision to grant to The Australian Workers' Union, Tasmania Branch, an interest in the National Training Wage (Tasmanian Private Sector) Award with effect on and from 17 April 1996.

The file will now be returned to the Registrar to enable the certificate of registration to be appropriately amended.

 

A Robinson
DEPUTY PRESIDENT

Appearances:
Mr G Cooper for The Australian Workers' Union, Tasmania Branch

Date and Place of Hearing:
1996.
Hobart:
April 17.