T7275
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Health Services Union of Australia, Tasmania No. 1 Branch NATIONAL TRAINING WAGE (TASMANIAN PRIVATE SECTOR) AWARD
Award interest - application granted - forwarded to Registrar REASONS FOR DECISION This matter was referred to me by the President for the purpose of determining whether or not the Health Services Union of Australia, Tasmania No. 1 Branch (the HSUA) had an interest in the National Training Wage (Tasmanian Private Sector) Award. 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." The National Training Wage (Tasmanian Private Sector) Award was established in respect of the industries falling within the "Scope" clause of certain awards listed in a schedule to the award - see attachment. Mr Brown, for the HSUA, advised the Commission that the organisation he represented already had an award interest pursuant to the Act, in seven of those awards to which the National Training Wage (Tasmanian Private Sector) Award applied, namely the: Community Services Award; Mr Brown then sought to demonstrate that he had members who fell within the scope of the National Training Wage (Tasmanian Private Sector) Award and, specifically, within the nursing homes industry specified in that award. He supplied the Commission with membership application forms for trainees and proof that they were current members of the HSUA. MR Brown then took the Commission to the rules of the HSUA, to demonstrate that the persons for which he had provided membership application forms were entitled to join the HSUA. I am satisfied that the HSUA should be granted an interest in the National Training Wage (Tasmanian Private Sector) Award and, I decide accordingly for the following reasons:
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 Order arising out of this decision to vary the award to reflect this determination, pursuant to s.65A(6A) of the Act, is attached.
R J Watling Appearances: Date and place of hearing: ATTACHMENT SCHEDULE A Abattoirs Award |