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Tasmanian Industrial Commission

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T10572

 

TASMANIAN INDUSTRIAL COMMISSION

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

Transport Workers' Union of Australia (Victorian/Tasmanian Branch)
(T10572 of 2002)

BUILDING AND CONSTRUCTION INDUSTRY AWARD

 

COMMISSIONER T J ABEY

HOBART, 28 January 2003

Award interest - interest granted - operative date 16 January 2003 - award varied - forwarded to Acting Registrar

REASONS FOR DECISION

[1] This is an application by the Transport Workers' Union of Australia (Victorian/Tasmanian Branch) (TWU), lodged pursuant to s.65A of the Industrial Relations Act 1984, seeking a determination of "Interest" in the above award. The 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 set down for hearing on 16 January 2003.

[2] Mr H Smith and Mr M Cook appeared for the TWU. Mr M Watson appeared for the Tasmanian Chamber of Commerce and Industry Limited.

[3] In this application the TWU seeks to be added to Clause 5 - Award Interest, of the above award.

[4] Mr Smith indicated that the union had previously been granted an interest in the Building Trades Award and the Civil Construction and Maintenance Award effective from 22 July 2002. Through an oversight on the union's part the TWU had not been included in the Award Interest clause of the new award when it came into effect on 1 October 2002.

[5] Mr Smith submitted that the classifications in the award are consistent with the union's constitutional coverage. Further, the union had members engaged in the industry covered by the award.

[6] Mr Watson did not oppose the application.

[7] The Commission had been previously advised that the Construction, Forestry, Mining and Energy Union, Tasmanian Branch did not oppose the application.

[8] I am satisfied that the requirements of s.63[10][c][i] and [ii] have been met.

[9] I am also satisfied that the granting of the application would not prejudice the orderly conduct of industrial relations in Tasmania.

[10] The application is granted operative from 16 January 2003.

[11] A copy of this determination will be forwarded to the Acting Registrar in accordance with s.63[12] of the Act.

[12] The Order giving effect to this decision is attached.

 

Tim Abey
COMMISSIONER

Appearances:
Mr H Smith and Mr M Cook for the Transport Workers' Union of Australia (Victorian/Tasmanian Branch)
Mr M Watson for the Tasmanian Chamber of Commerce and Industry Limited

Date and place of hearing:
2003
January 16
Hobart