T8804
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Australian Workers' Union, Tasmania Branch SILVICULTURE AND AFFORESTATION AWARD
Award - determination of award interest - application approved - award varied accordingly - operative 25.2.2000 REASONS FOR DECISION This application was lodged pursuant to section 65A(4) of the Industrial Relations Act 1984 by the Australian Workers' Union, Tasmania Branch (the AWU) requesting the Commission to determine whether or not the union should be granted an interest in the Silviculture and Afforestation Award which was made by consent, in Title and Scope only, on 16 November 1999 to be operative from 12 November 1999. The Scope of the award is as follows:
The applicant union was represented by Mr Flanagan. Mr Benson of the Construction, Forestry, Mining and Energy Union, Tasmanian Branch (the CFMEU), sought and was granted leave to intervene despite the objection of Mr Flanagan. In addressing the application, Mr Flanagan, addressed the provisions of section 63(10)(c) of the Act. He submitted that his organisation had members employed in the industry. To support that claim he tendered a statutory declaration made by Mr Don Hayes, Branch Secretary of the AWU, declaring that a number of individuals, whose names and addresses were provided in the declaration, were members of the union and were employed by an employer in the industry described in the Scope clause of this award. Mr Flanagan requested that the names of the employer and employees not be made public so that any potential victimisation or poaching of his union's members was minimised. I accepted that submission and accordingly have attached the statutory declaration to the file, in a sealed envelope, to be opened only by members of this Commission in the event that my decision in this matter is appealed. Mr Flanagan addressed the rules of his organisation and identified for the benefit of the Commission the Eligibility for Membership Rule (Rule 6) which is contained in the rules of the organisation held in this Commission. That Rule contains the following excerpts:
He submitted that the granting of interest to his organisation would have no deleterious impact on industrial harmony in this State and that the granting of interest of the union in the award would be consistent with public interest. Mr McLean, who replaced Mr Benson intervening for the CFMEU, on the second day of hearing, informed the Commission that an agreement had been reached between his organisation and the AWU which recognised that the AWU was seeking to establish an award in respect of the growing and tending of forests and did not wish to intrude into the areas covered by the state Timber Merchants Award or the federal Timber and Allied Industries Award 1999. He said this arrangement would be recognised by an exchange of letters between the two organisations. Mr Flanagan confirmed that undertaking. On the basis of that agreement Mr McLean informed the Commission that his union's application, T8855 of 2000, seeking an interest in the Silviculture and Afforestation Award, would be withdrawn. In closing he supported the AWU's application to be granted an interest in the award. After hearing submissions and studying the material provided, 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. Therefore, I consider the union has complied with the requirements of section 65A and 63(10)(c) of the Act and that the granting of the application would not be contrary to the public interest. In the circumstances I consider there is no impediment to my determining that the Australian Workers' Union, Tasmania Branch has an interest in the Silviculture and Afforestation Award, and I decide accordingly. Having determined the union has an interest in the award, in accordance with section 65A(6A), the award will be varied to reflect that determination. The necessary order is attached which is effective from 25 February 2000. A copy of this decision will be forwarded to the Acting Registrar to enable him to make the necessary amendments to the union's certificate of registration.
F D Westwood Appearances: Date and place of hearing: |