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Tasmanian Industrial Commission

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T9491

 

TASMANIAN INDUSTRIAL COMMISSION

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

Construction, Forestry, Mining and Energy Union,
Tasmanian Branch

(T9491 of 20011

MOBILE CRANE HIRE AWARD

 

COMMISSIONER T J ABEY HOBART, 2 MAY 2001

Award - determination of award interest - application approved - award varied accordingly - operative 30/4/01

REASONS FOR DECISION

    This application was lodged pursuant to section 65A(4) of the Industrial Relations Act 1984 by the Construction, Forestry, Mining and Energy Union, Tasmanian Branch (the CFMEU) requesting the Commission to determine whether or not the union should be granted an interest in the Mobile Crane Hire Award (the Award) which was made by consent, in Title, Scope and statutory Award Interest only on 19 March 2001, to be operative from 19 March 2001.

    At the hearing of this application, Mr W Bodkin appeared for the applicant.

    Mr A Benson, State Secretary of the CFMEU gave evidence in relation to that organisation's membership with employers subject to this Award.

    Mr Bodkin submitted that union membership referred to in Mr Benson's evidence was consistent with the Eligibility Rules of the organisation and that the grant of an interest in this Award would not be prejudicial to the orderly conduct of industrial relations in Tasmania.

    There were no objections to the application.

    I am satisfied that the specific requirements of Section 63[10][c] of the Act have been met and there is no impediment to granting the application. I decide accordingly.

    Having determined that the union has an interest in the Award, in accordance with Section 65[6A], the Award will be varied to reflect that determination. The necessary order is attached which is effective from 30 April 2001.

    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.

     

    T J Abey
    COMMISSIONER

    Appearances:
    Mr W Bodkin with Mr A Benson, Construction, Forestry, Mining and Energy Union,
    Tasmanian Branch

    Date and place of hearing:
    2001
    April 30
    Hobart