TASMANIAN INDUSTRIAL COMMISSION

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

The Australian Workers' Union, Tasmania Branch
(T13882 of 2012)

GOVERNOR OF TASMANIA STAFF AWARD

DEPUTY PRESIDENT T J ABEY

HOBART, 5 MARCH 2012

Award interest - interest granted - operative date 20 February 2012 - award varied - forwarded to Registrar

REASONS FOR DECISION

[1] This is an application by The Australian Workers' Union, Tasmania Branch (AWU), 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 2 March 2012.

[2] Mr Flanagan tabled documents in support of the contention that the AWU had membership covered by the Award and that such membership was consistent with the organisations rules. Mr Flanagan indicated that the organisations representative interest was limited to employees engaged in horticultural pursuits.

[3] Mr Johnston of the Community and Public Sector Union (State Public Services Federation Tasmania) Inc. (CPSU) supported the AWU application.

[4] Mr T Kleyn for the Minister administering the State Service Act 2000 (MASSA) and Mr C Green for Governor In Council indicated that they did not oppose the application.

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

• The membership of the AWU includes employees who are employed in the industry and occupations to which the Award relates;
• That membership is consistent with the organisationfs rules;  

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

[6] Pursuant to s.63(10)(c) of the Act the application for an award interest is granted with effect from 20 February 2012.

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

[8] The order reflecting this decision will follow.

T J Abey
Deputy President

Appearances:
Mr R Flanagan for the Australian Workers' Union, Tasmania Branch
Mr M Johnston for the Community and Public Sector Union (State Public Services Federation Tasmania) Inc
Mr T Kleyn for the Minister administering the State Service Act 2000
Mr C Green for Governor In Council

Date and place of hearing:
2012
March 2
Hobart