[1992] AIRC 193
General information, not legal advice.
Australian Industrial Relations Commission
1992-03-26
Original judgment source is linked above.
The applicant organisations are organisations registered under the Act
and, having lodged a s.242 application, are clearly "existing organisations concerned in a proposed amalgamation" for the purposes of s.241 of the Act. I am satisfied that the organisations have complied with the requirements of Regulation 65.
(1)Print K1120 The APTU has a membership of approximately 48800 of which about 40 per cent are employed by the Australian Telecommunications Commission (Telecom) and about 60 per cent are employed by Australia Post. The ATEA/ATPOA has approximately 31500 members of which about 500 are employed by Australia Post and the remainder are employed by Telecom. In general terms, APTU members are employed in lines and clerical work and ATEA/ATPOA members are employed in the technical and phonogram areas.
Each organisation is a respondent to the Australia Post General Conditions of Employment Award 1989(2) and the Telecom General Conditions of Employment Award 1989.(3) Those awards apply respectively to all members of each organisation employed in the relevant authorities.
Each organisation, as it currently exists, has a membership and industrial coverage that arose as a result of previous amalgamations. This proposed amalgamation can be quite properly viewed as the final step in the establishment of a single industry based union to represent workers in the postal and telecommunications industries.
I am satisfied that, in respect of a substantial number of members of both organisations, the requirements of ss.242(5)(b), (d) and (e) have been met. Were I, for some reason, not so satisfied, this is one application in which I would have been prepared to exercise the discretion conferred upon me by s.242(7) of the Act. It is clearly an amalgamation which is designed to and should promote the rationalisation and effectiveness of union coverage and representation in the postal and telecommunications industry and one which should further the objects of the Act, particularly the objects expressed in ss.3(a), (d), (f), (h) and (k).
I am therefore prepared to make an appropriate declaration under s.141(4).
At the resumed hearing on 25 March 1992, the applicant organisations tendered documents setting out amendments to the scheme and the proposed rules of the amalgamated organisation. Having considered all the material now lodged in support of the amalgamation and the submissions made on behalf of the applicant organisations, I am prepared to permit them to amend the scheme and the proposed rules in the manner now requested. I am also prepared to authorise the organisations to amend the scheme and the proposed rules by resolutions of their respective committees of management.
Being satisfied that the matters mentioned in s.252(1) of the Act will be met, I will approve the submission of the amalgamation to ballot.
Pursuant to s.241(4), I declare that I am satisfied that there is a community of interest between the APTU and the ATEA/ATPOA (the applicant
organisations) in relation to their industrial interests.
(2)Print H9043 [A504] (3)Print H9249 [T238]
Pursuant to s.252:
2.1 I permit the applicant organisations to alter the scheme for amalgamation, including the proposed alterations to the rules of the APTU, in the manner set out in Exhibits H2, H3 and H6 tendered on 25 March 1992 and by inserting in Appendix B to the proposed rules of the amalgamated organisation after sub-rule 2 the following:
"2A. Notwithstanding the previous sub-rule, in the event that on the day before the amalgamation date persons employed by Optus Communications Pty. Limited or any of its subsidiaries or related companies are eligible for membership and are members of the ATEA/ATPOA, the subscription for those members on or from the amalgamation date shall be $200 per annum."
2.2 I authorise the applicant organisations to make such amendments by resolutions of their respective committees of management; and
2.3 I approve the submission of the amalgamation to ballot.
Pursuant to s.253D, I approve of the inclusion in the s.246 statement of the drawings contained in that statement.
Pursuant to s.253F, I permit the existing organisations to alter the outline of the scheme filed with the s.242 application in the manner set out in Exhibit H4 tendered on 25 March 1992.
Pursuant to s.253B, I fix Monday, 27 April 1992 as the commencing day of the ballot and Wednesday, 20 May 1992 as the closing day of the ballot.
S. E. Hall for the Australian Telecommunications Employees' Association/ Australian Telephone and Phonogram Officers' Association.
D. Hamilton for the Australian Postal and Telecommunications Union.