TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s65A application for determination of award interest

Australian Workers' Union, Tasmania Branch
(T6900 of 1997)

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 Australian Workers' Union, Tasmania 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:

"2. SCOPE

This award is established in respect of the industry of metalliferous mining, dredging, sluicing or other means of obtaining metallic minerals and/or the treatment of those minerals.

PROVIDED that until the making of this award has been finalised in respect to wage rates and conditions of employment or until this proviso has been deleted employers falling within the scope of this award, shall, where appropriate classifications appear therein, observe the Pasminco Rosebery (Mining) Award in all respects."

In addressing the application, Mr Cooper, 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 the industry, at sites such as the Henty Gold Mine, the Renison Tin Mine (RGC), the Beaconsfield Gold Mine, and the Anchor Tin Mine in the North East of the State which were not covered by federal awards or agreements. Mr Cooper said the AWU would remain the principal union covering production workers in metalliferous mining.

Mr Cooper 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:

"A Commissioner shall take into account such matters specified in section 63(10)(c) as are relevant to the making of a determination of interest in an award."

Section 63(10)(c) requires that a Commissioner, when determining whether an organisation has an interest in an award must be satisfied that, in short,

(1) membership of the organisation includes members who are employees in the industry to which the award relates;

(2) that membership is consistent with the organisation's rules and constitution as lodged with the Registrar of this Commission; and

(3) the applicant organisation would not "prejudice the orderly conduct of industrial relations in Tasmania" if it were granted an interest in the award.

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 Australian Workers' Union, Tasmania 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
PRESIDENT

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

Date and place of hearing:
1997
April 21
Hobart