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Tasmanian Industrial Commission

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T8800

 

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.68(1)(c)(ii) application for cancellation of registration

Acting Registrar
(T8800 of 2000)

Transport Workers' Union of Australia, Tasmanian Branch

 

FULL BENCH:
PRESIDENT F D WESTWOOD
COMMISSIONER R J WATLING
COMMISSIONER P A IMLACH

HOBART, 19 January 2000

Cancellation of registration

REASONS FOR DECISION

By letter dated 24 November 1999 the Federal Assistant Secretary of the Transport Workers' Union of Australia advised the Acting Registrar that the Tasmanian Branch of the union was disbanded on 6 July 1998. The union requested the Commission cancel the registration of the Tasmanian Branch.

Accordingly the Acting Registrar made application pursuant to the provisions of section 68(1)(c)(ii) of the Industrial Relations Act 1984 for the registration of the Transport Workers' Union of Australia, Tasmanian Branch, to be cancelled on the basis that the organisation was defunct.

The Acting Registrar informed us:

"The Transport Workers' Union, Tasmanian Branch was granted provisional registration as an organisation of employees under Part V of the Industrial Relations Act 1984 on 2 January 1985. Formal registration was granted on 11 December 1987, and award interest was determined by the President in matter TP1 of 1989.

The Transport Workers' Union, Tasmanian Branch was, on 6 July 1998, dissolved by a decision of the union's federal council. From that date until 30 June 1999 the Tasmanian operations of the union were administered by the Federal Council. At its May 1999 Federal Council meeting, the union resolved to merge the Tasmanian operations of the union with the Victorian Branch, creating a new Victorian/Tasmanian Branch with effect from 1 July 1999. The union notified the Australian Industrial Registry on 9 June 1999 of alterations to the union's rules consequential upon that decision."

The Acting Registrar tendered a copy of the certified rules of the Transport Workers' Union of Australia which provide at Rule 17 for the existence of the current Victorian/Tasmanian Branch.

Having considered those submissions the registration of the Transport Workers' Union of Australia, Tasmanian Branch, is cancelled as from 19 January 2000.

 

F D Westwood
PRESIDENT

Appearances:
Mr A T Mahoney, Acting Registrar, with Mrs J Mandich

Date and place of hearing:
2000
January 19
Hobart