Public Hospital Employees Skilled Trades (State) Award Application for variation re: parties to the Award; application for orders pursuant to s 295 of the Industrial Relations Act 1996 [2001] NSWIRComm 41

Industrial Relations Commission of New South Wales

CITATION : Public Hospital Employees Skilled Trades (State) Award Application for variation re: parties to the Award; application for orders pursuant to s 295 of the Industrial Relations Act 1996 [2001] NSWIRComm 41 Australian Workers' Union, New South Wales Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch PARTIES : Construction, Forestry Mining and Energy Union, New South Wales Branch Electrical Trades Union of Australia, New South Wales Branch Health Administration Corporation New South Wales Plumbers and Gasfitters Employees' Union FILE NUMBER: IRC 380 of 2000 and IRC 2937 of 2000 CORAM: Boland J CATCHWORDS : Award - Application by AWU to vary Public Hospital Employees Skilled Trades (State) Award to add AWU as a party - Competing application by AFMEPKIU pursuant to s 295 of the Industrial Relations Act to exclude AWU from coverage of employees under Award - AWU application dismissed - Orders made excluding AWU from right to represent employees under Award. Demarcation - Application by AFMEPKIU for orders pursuant to s 295 of Industrial Relations Act 1996 to give AFMEPKIU coverage of certain classes of employees employed under the Public Hospital Employees Skilled Trades (State) Award to the exclusion of the AWU and to exclude the right of the AWU to represent the industrial interests of such employees - Factors to be taken into account in determining demarcation questions - Orders made excluding AWU from the right to represent employees under the Award. LEGISLATION CITED : Industrial Relations Act 1996 Australian Workers' Union and anor, Re [1983] AR (NSW) 400, (1983) 4 IR 404 Federated Engine Drivers and Firemen's Association of Australia (NSW) v Federated Liquor and Allied Industries Employees' Union of Australia, New South Wales Branch [1983] AR (NSW) 889 CASES CITED : Federated Ironworkers Association of Australia, New South Wales Division v Transport Workers' Union of Australia New South Wales Branch (1998) 78 IR 123 Laundry Employees (State) Award (No 2), Re (1993) 49 IR 91 Public Service Association v Federated Clerks Union [1953] AR (NSW) 570 National Union of Workers' v Transport Workers' Union of Australia, New South Wales Branch and anor (1998) 84 IR 360 HEARING DATES: 02/12/2001 DATE OF JUDGMENT: 03/15/2001