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Tasmanian Industrial Commission

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T6010

 

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.23 application for award or variation of award

The Australian Workers' Union, Tasmania Branch
(T6010 of 1995)

Abattoirs Award
Automotive Industries Award
Bakers Award
Bootmakers Award
Building Trades Award
Building and Construction Industry Award
Butter and Cheesemakers Award
Carriers Award
Clay and Mud Products Award
Concrete Products Award
Dairy Processing Award
Electrolytic Zinc Award
Farming and Fruit Growing Award
Fish, Aquaculture and Marine Products Award
Horticulturists Award
Marine Boards Award
Metal and Engineering Industry Award
Metal and Engineering On-Site Construction Industry Award
Monumental Masons Award
Optical Industries Award
Pasminco Rosebery (Mining) Award
Plant Nurseries Award
Poultry and Game Products Processing Award
Produce Award
Public Vehicles Award
Quarrymens Award
Roadmakers Award
Rubber Trades Award
Shearing Industry Award
Shellfish Industry Award
Timber Merchants Award
Wireworking Award

 

FULL BENCH:
PRESIDENT WESTWOOD
DEPUTY PRESIDENT ROBINSON
COMMISSIONER P A IMLACH

25 January 1996

Award variation - union name change - delete references to The AWU-FIME Amalgamated Union Tasmania Branch and insert in lieu thereof The Australian Workers' Union, Tasmania Branch - Clause 6 of all nominated awards - also Clause 31 Clay and Mud Products Award and Clause 7 Shearing Industry Award - consent matter - operative 16 January 1996

REASONS FOR DECISION

This was an application made under Section 35 (1) (e) of the Act by the Australian Workers' Union, Tasmania Branch (the Union) seeking to have 32 nominated awards of the Commission amended so as to implement a name change.

Specifically the application was (a) to have the name The AWU-FIME Amalgamated Union, Tasmania Branch deleted from Clause 6 in all the nominated awards and from another clause in two of the nominated awards (one a dispute settlement clause and another the definitions clause) and (b) to have the name The Australian Workers Union, Tasmania Branch inserted in lieu thereof.

In its submissions in support of the application the Union produced a number of exhibits for the assistance of the Commission. One of the exhibits was a copy of a decision by Vice President McIntyre of the Australian Industrial Relations Commission1, approving an equivalent name change in that Commission's jurisdiction. Another exhibit was a copy of correspondence from the Registrar2, advising that the change of name had been made on the Union's Certificate of Registration with this Commission. A further exhibit contained draft orders for the nominated awards reflecting the amendments sought by this application.

The nominated awards were:

Abattoirs Award
Automotive Industries Award
Bakers Award
Bootmakers Award
Building Trades Award
Building and Construction Industry Award
Butter and Cheesemakers Award
Carriers Award
Clay and Mud Products Award*
Concrete Products Award
Dairy Processing Award
Electrolytic Zinc Award
Farming and Fruit Growing Award
Fish, Aquaculture and Marine Products Award
Horticulturists Award
Marine Boards Award

Metal and Engineering Industry Award
Metal and Engineering On-Site Construction Industry Award
Monumental Masons Award
Optical Industries Award
Pasminco Rosebery (Mining) Award
Plant Nurseries Award
Poultry and Game Products Processing Award
Produce Award
Public Vehicles Award
Quarrymens Award
Roadmakers Award
Rubber Trades Award
Shearing Industry Award*
Shellfish Industry Award
Timber Merchants Award
Wire Working Award

*NB: Clay and Mud Products Award (plus Clause 31 Resolution of Disputes); Shearing Industry Award (plus Clause 7 Definitions).

The Union formally requested that the name change be approved and submitted that such was in the public interest. The Union also requested that the amendments operate from the date of the hearing, 16 January 1996.

The Tasmanian Chamber of Commerce and Industry Limited supported the submissions of the Union and confirmed its consent to the application.

The Commission is satisfied that the application is not against the public interest and it conforms with the requirements of the Act.

The application is approved operative from 16 January 1996. The issue of the orders will be left to the Commissioners responsible for the awards nominated.

 

Appearances:
Mr G Cooper for The Australian Workers' Union, Tasmania Branch
Mr W J Fitzgerald with Ms J Thomas for Tasmanian Chamber of Commerce and Industry Limited
Mr D O'Byrne for Australian Liquor, Hospitality and Miscellaneous Workers Union (Tasmanian Branch)

Date and place of hearing:
1996
January 16
Hobart

1 D No. 20003 of 1995, Sydney, 9 August 1995
2 Tasmanian Industrial Commission, 16 August 1995