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Tasmanian Industrial Commission

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T10907

 

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.65A application for award or variation of award

National Union of Workers (Central Branch)
[T10907 of 2003]

AUTOMOTIVE INDUSTRIES AWARD
BUTTER AND CHEESEMAKERS AWARD
FIBREGLASS AND PLASTICS AWARD
FUEL MERCHANTS AWARD
INSURANCE AWARD
MARINE BOARDS AWARD
PHOTOGRAPHIC INDUSTRY AWARD
PRODUCE AWARD
RETAIL TRADES AWARD
RUBBER TRADES AWARD
TIMBER MERCHANTS AWARD
WHOLESALE PHARMACEUTICAL AWARD
WHOLESALE TRADES AWARD

 

COMMISSIONER P C SHELLEY

HOBART, 31 July 2003

Award interest - determination - interest granted for awards as listed in decision - awards varied - operative 30 July 2003 - forwarded to A/Registrar

REASONS FOR DECISION

[1] This is an application lodged by the National Union of Workers (Central Branch), pursuant to s.65[A] of the Industrial Relations Act 1984, seeking a determination of "Interest" in the following awards:

  • Automotive Industries Award
  • Butter and Cheesemakers Award
  • Fibreglass and Plastics Award
  • Fuel Merchants Award
  • Insurance Award
  • Marine Boards Award
  • Photographic Industry Award
  • Produce Award
  • Retail Trades Award
  • Rubber Trades Award
  • Timber Merchants Award
  • Wholesale Pharmaceutical Award
  • Wholesale Trades Award

[2] The President referred the application, pursuant to Section 65[A][2], to myself for a hearing and determination, and, if necessary, subsequent award variation. The application was set down for hearing on Wednesday 30 July 2003 at 11.30 am.

[3] At the hearing Mr T Kennedy appeared for the National Union of Workers (Central Branch).

[4] The Industrial Relations Act 1984 requires me, when dealing with such applications, to take into account such matters as specified in section 63(10)(c) of the Act which states, inter alia:

"(c) that Commissioner shall determine which awards the organisation has an interest in by satisfying himself that -

(i) the membership of the organisation consists of or includes members who are employers or employees in the industry or occupation to which the awards stated in its application pursuant to subsection (1)(a)(vii) relate or who are State employees to whom those awards relate;

(ii) that membership is consistent with the organisation's rules or constitution a copy of which has been lodged with the Registrar pursuant to subsection (1); and

(iii) the organisation being granted an interest in an award or awards would not prejudice the orderly conduct of industrial relations in Tasmania."

[5] The applicant set the following awards aside, reserving their right to bring further applications before the commission in respect of those awards:

  • Insurance Award
  • Marine Board Award
  • Photographic Industry Award

[6] I am satisfied that:

  • The applicant union does have members engaged in the industries for which the awards are established;
  • The membership is consistent with the organisations' rules; and
  • The granting of an interest in the awards would not prejudice the orderly conduct of industrial relations in Tasmania.

[7] There was no opposition to the application.

[8] In the circumstances I consider there is no impediment to my determining that the National Union of Workers (Central Branch) has an interest in the following Awards and I decide accordingly:

  • Automotive Industries Award
  • Butter and Cheesemakers Award
  • Fibreglass and Plastics Award
  • Fuel Merchants Award
  • Produce Award
  • Retail Trades Award
  • Rubber Trades Award
  • Timber Merchants Award
  • Wholesale Pharmaceutical Award
  • Wholesale Trades Award

[9] Having determined that the union has an interest in the awards, in accordance with Section 65A[6A], the awards will be varied to reflect that determination. The relevant Orders, effective from 31 July 2003, will issue in due course.

[10] A copy of this decision will be forwarded to the Acting Registrar to enable him to issue the union's certificate of registration.

 

P C Shelley
COMMISSIONER

Appearances:
Mr T Kennedy for the National Union of Workers (Central Branch)

Date and place of hearing:
2003
July 30
Hobart