T6841
TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (Tasmanian Branch) METALLIFEROUS MINING AND PROCESSING AWARD
Determination of award interest - approved REASONS FOR DECISION This application was lodged pursuant to section 65A of the Industrial Relations Act 1984 by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (Tasmanian Branch) requesting the Commission to determine whether or not the union should be granted an interest in the Metalliferous Mining and Processing Award which was made by consent in Title and Scope only on 2 May 1996. The Scope of the award is as follows:
In addressing the application, Mr Becker, for the union, referred to the requirements of section 63(10)(c) of the Act and submitted that his organisation had members and potential members employed in various mines around the State, such as Copper Mines of Tasmania, the Henty Gold Mine and the Hercules Mine at Williamsford near Rosebery who were not covered by federal awards or agreements. Mr Becker said the union's Constitution and Rules entitled it to enrol such members, and that the orderly conduct of industrial relations in this State would not be prejudiced by the granting of interest in the award. There was no opposition to the application. Section 65A of the Industrial Relations Act, at subsection (5), provides that:
Section 63(10)(c) requires a Commissioner, when determining whether an organisation has an interest in an award must be satisfied that, in short,
After hearing submissions I am satisfied that the union has provided sufficient information for the Commission to make a determination for the purposes of section 65A of the Act. I am satisfied that the union has members in the industry set out in the Scope clause; that the Constitution and Rules of the union allow the enrolment of such members, and that the granting of interest in this award would not prejudice the orderly conduct of industrial relations in this State. In the circumstances there is no impediment to my determining that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (Tasmanian Branch) has an interest in the Metalliferous Mining and Processing Award, and I decide accordingly. A copy of this decision will be forwarded to the Registrar enabling him to make the necessary amendments to the union's certificate of registration.
F D Westwood Appearances: Date and place of hearing: |