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Tasmanian Industrial Commission

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T8045

 

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s65A application for determination of award interest

Australian Municipal, Administrative,
Clerical and Services Union

(T8045 of 1998)

BUSINESS SERVICES AWARD

 

PRESIDENT F D WESTWOOD

HOBART, 19 January 1999

Award - determination of award interest - application approved - award varied accordingly - operative 19.1.99

REASONS FOR DECISION

This application was lodged pursuant to section 65A(4) of the Industrial Relations Act 1984 by the Australian Municipal, Administrative, Clerical and Services Union, requesting the Commission to determine whether or not the union should be granted an interest in the Business Services Award which was made by consent in Title and Scope only on 26 October 1998 to be operative from 15 June 1998.

The Scope of the award is as follows:

    "(a) This award is established in respect of the industry of business services.

    (b)  For the purposes of this award business services shall mean:

      (i) administrative, clerical, marketing and promotion services; and or

      (ii) telemarketing, and or

      (iii) fund raising services, and or

      (iv) paging services; and or

      (v) visitor, customer and consumer services, and or

      (vi) call centre services, and or

      (vii) internet services.

    (c) This award shall not apply where another industry award of the Tasmanian Industrial Commission has specific application to services conducted by employers within that industry.

    (d) Until the making of this award has been finalised in respect of wages and conditions of employment or until this subclause is deleted, employees covered by the Clerical and Administrative Employees (Private Sector) Award, prior to the operative date of this award, shall continue to be covered by the Clerical and Administrative Employees (Private Sector) Award in all respects."

In addressing the application, Mr Paterson, for the union, was required to address the provisions of section 63(10)(c) of the Act. He submitted that his organisation had members employed in various fund raising and call centre services. In this regard he tendered a computer print out identifying members of his organisation and their respective employers.

He addressed the rules and constitution of his organisation and submitted that the union was entitled to enrol as members persons employed in the areas identified in the Scope clause. He submitted that the granting of interest to his organisation would have no deleterious impact on industrial harmony in this State.

He also submitted that the granting of interest of the union in the Business Services Award is consistent with public interest.

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 I consider there is no impediment to my determining that the Australian Municipal, Administrative, Clerical and Services Union has an interest in the Business Services Award, and I decide accordingly.

Having determined the union has an interest in the award, in accordance with section 63(12A), the award will be varied to reflect that determination. The necessary order is attached which is effective from 19 January 1999.

A copy of this decision will be forwarded to the Acting Registrar enabling him to make the necessary amendments to the union's certificate of registration.

  

F D Westwood
PRESIDENT

Appearances:
Mr I Paterson for the Australian Municipal, Administrative, Clerical and Services Union

Date and place of hearing:
1999
January 18
Hobart