TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s65A application for determination of award interest

National Union of Workers, Tasmanian Branch
(T7389 of 1997)

BUTTER AND CHEESEMAKERS AWARD

Award interest - application granted - award varied - operative 9.1.98 - forwarded to Acting Registrar to amend Certificate of Registration

REASONS FOR DECISION

This application was lodged pursuant to section 65A of the Industrial Relations Act 1984 by the National Union of Workers, Tasmanian Branch requesting the Commission to determine whether or not the union should be granted an interest in the Butter and Cheesemakers Award.

Section 65A subsection (4) of the Act requires the Commission to give those organisations with an interest in the award an opportunity to be heard on the matter. All such organisations were duly notified of the time and place of the hearing.

Section 65A 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 by him under subsection (3)."

Section 63(10)(c) requires 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.

The Scope of the Butter and Cheesemakers Award is as follows:

"2. SCOPE

This award is established in respect of the industry of a manufacturer of:

(a) Butter;

(b) Cheese;

(c) Casein; or

(d) Powdered Milk"

In addressing the application, Mr Strickland, for the union, referred to the requirements of section 63(10(c) of the Act and submitted that his organisation had members employed in two specific areas of the industry, that is at King Island Dairies Pty Ltd and at UMT Rural Ltd. He provided membership application forms as evidence of the fact that his union had members in the industry at those workplaces.

Mr Strickland said the union's Constitution and Rules entitled it to enrol such members and he tendered extracts from the Constitution and Rules to that effect. He submitted 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.

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 in that it is clear:

(i) the union has members in the industry set out in the Scope Clause;

(ii) the Constitution and Rules of the union allow the enrolment of such members; and

(iii) given there was no opposition to the application that the granting of interest in this award would not prejudice the orderly conduct of industrial relations in this State.

In the circumstances I find there is no impediment to my determining that the National Union of Workers, Tasmanian Branch has an interest in the Butter and Cheesemakers Award, and I determine accordingly.

Section 65A subsection (6A) requires the Commission to vary the award to reflect such a determination and the necessary order varying the Butter and Cheesemakers Award with effect from today's date accompanies this decision.

A copy of the decision will be forwarded to the Acting Registrar for the purpose of making the necessary amendments to the union's certificate of registration.

F D Westwood
PRESIDENT

Appearances:
Mr D Strickland for the National Union of Workers, Tasmanian Branch

Date and place of hearing:
1998
January 8
Hobart