TASMANIAN INDUSTRIAL COMMISSION

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

Transport Workers' Union of Australia (Victorian/Tasmanian Branch)
(T13443 of 2009)

TASMANIAN STATE SERVICE AWARD

Award interest - interest granted - operative date 25 June 2009 - award varied - forwarded to 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 25 June 2009.

[2] Mr H Smith of the TWU tendered an Annexure (Exhibit A) in support of the application.

[3] Ms J Fitton for the Minister administering the State Service Act 2000 (MASSA) indicated that MASA did not oppose the application provided the Commission was satisfied that the requirements of the Act were met.  Tom Lynch of the Community and Public Sector Union (State Public Services Federation Tasmania) Inc. (CPSU) wrote to the Commission on behalf of the CPSU and the Health Services Union of Australia, Tasmania No. 1 Branch indicating that they “…accept the application to proceeding without further submission.”

[4] Having heard the parties I am satisfied that:

• The membership of the TWU includes employees who are employed in the industry and occupations to which the Award relates;

• That membership is consistent with the organisation’s rules;

• The granting of the application would not prejudice the orderly conduct of industrial relations in Tasmania.

[5] Pursuant to s.63(10)(c) of the Act the application for an award interest is granted with effect from 25 June 2009.

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

[7] The order reflecting this decision is attached.

P C Shelley
DEPUTY PRESIDENT

Appearances:
Mr H Smith of the Transport Workers' Union of Australia (Victorian/Tasmanian Branch) with Mr S Moszko and Mr L Dobie
Ms J Fitton for the Minister administering the State Service Act 2000

Date and place of hearing:
2009
June 25
Hobart