Industrial Relations Act 1984
s.65A application for determination of award interest

The Australian Workers' Union, Tasmania Branch
(T9189 of 2000)

LEATHER, CANVAS AND SHEET PLASTIC FABRICATION AWARD

Award interest - application approved - operative 18 October 2000 - forwarded to A/Registrar

REASONS FOR DECISION

This is an application by The Australian Workers' Union, Tasmania Branch, [the applicant], lodged pursuant to Section 65A of the Industrial Relations Act 1984, seeking a determination of "Interest" in the above award. The Acting President has referred the application, pursuant to Section 65A[2], to myself for hearing and determination and, if necessary, subsequent award variation. The application was initially set down for hearing on 2 October 2000, but at the request of the applicant, was rescheduled for 18 October 2000.

Mr R Flanagan, together with Mr I Wakefield, appeared for the applicant and Mr P Tullgren appeared for the Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch (ALHMWU).

Clause 2 - Scope of the award reads as follows:

"This award is established in respect of the industry of processing or manufacturing articles from canvas and/or leather and/or substitutes therefore, and/or from sheet plastic, and/or from rope, cord or twine."

Mr Flanagan provided the Commission with evidence supporting his submission that the union had members engaged in the industry for which the award was established.

Mr Flanagan tabled a copy of the registered rules of The Australian Workers' Union and submitted that the union membership that he had provided evidence of was consistent with those rules. He referred in particular to the industry or calling of "netmaking".

Mr Flanagan gave certain undertakings which in essence limited the union's recruitment activity to areas which are within its eligibility rules. On the basis of these undertakings, which are clearly recorded on the transcript, Mr Tullgren indicated the consent of the ALHMWU to the application.

Having heard the parties I am satisfied that:

• The applicant union does have members engaged in the industry for which the award is established;

• The membership is consistent with the organisation's rules; and

• The granting of an interest in the award would not prejudice the orderly conduct of industrial relations in Tasmania.

In the circumstances I consider there is no impediment to my determining that The Australian Workers' Union, Tasmania Branch has an interest in the Leather, Canvas and Sheet Plastic Fabrication Award and I decide accordingly.

Having determined that 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 18 October 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.

Tim Abey
COMMISSIONER

Appearances:
Mr R Flanagan with Mr I Wakefield for The Australian Workers' Union, Tasmania Branch.
Mr P Tullgren for the Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch.

Date and Place of Hearing:
2000
October 18
Hobart