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Tasmanian Industrial Commission

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TR485

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
Part V - Registration of Organizations


United Firefighters Union of Australia Tasmania Branch
(TR485 of 2009)

 

REGISTRAR A T MAHONEY 
HOBART, 21 May 2010

Application to change name and alter rules of an organisation by substitution of a new set of rules - new rules relate to an organization registered under Commonwealth Act - registration of applicant as a new organisation of employees


REASONS FOR DECISION


[1] This application as originally lodged by the United Firefighters Union of Australia Tasmania Branch was made under Section 67 of the Industrial Relations Act 1984 and was seeking to change the name and alter the rules of the United Firefighters Union of Tasmania (an organisation as currently registered in accordance with Part V of the Industrial Relations Act 1984) by substitution of a new set of rules relating to an organization registered under the Commonwealth Act.

[2] A hearing was convened for the purpose of determining the application on 7 April 2010 at which Mr Richard Warwick appeared for the Union.

[3] At the hearing I informed Mr Warwick that I was not prepared to approve the application as it existed.  It is my view that the United Firefighters Union of Australia Tasmania Branch and the United Firefighters Union of Tasmania are two separate and distinct entities.  The United Firefighters Union of Tasmania is a State registered organization whereas the United Firefighters Union of Australia Tasmania Branch is a branch of the federally registered organization.

[4] Section 63(9) of the Industrial Relations Act 1984 does not allow the registration of an association as an organization if its name is identical with that of a State branch of another organisation that is registered under the Commonwealth Act.

[5] With Mr Warwicks approval I amended the application to become an application by the United Firefighters Union of Australia Tasmania Branch seeking registration as an organization of employees.  The application had within it all the information required under section 63.

[6] The United Firefighters Union of Australia Tasmania Branch effectively replaces the United Firefighters Union of Tasmania which has been registered as an organisation with this Commission since 28 May 1987.

[7] Having examined the material contained in the application, I am satisfied that the application complies with the requirements for registration as specified in the Industrial Relations Act 1984 and the application is granted.

 
[8] A certificate of registration will be issued pursuant to Section 64(1) of the Industrial Relations Act 1984 following the determination of award interest by a Commissioner and receipt of an application by Mr Warwick under Section 68(1A) for cancellation of registration of the United Firefighters Union of Tasmania.

 

 

A T Mahoney
REGISTRAR


Appearances:
Mr Richard Warwick for the United Firefighters Union of Australia Tasmania Branch

Date and Place of Hearing:
2010:
Hobart
April 7