TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.61J - application for the approval of an enterprise agreement

Harryh Pty Ltd and Adventure Golf (Tasmania) Pty Ltd
trading as Putters Adventure Golf

and

Employees classified in accordance with Clause 8 of this Agreement
(TE1306 of 2003)

PUTTERS ADVENTURE GOLF ENTERPRISE AGREEMENT 2003

Enterprise Agreement - agreement approved - operative 30/09/03 for a period of forty eight months

REVISED DECISION

(1) In the Decision dated 1 October 2003, the agreement was approved for a period of eighteen months.

(2) On 25 January 2005 the Commission received the following correspondence signed on behalf of the parties to the agreement.

"This letter has been written to acknowledge and bring to your attention an error in Attachment D TE 1306 of 2003. Specifically it is Clause 5 and refers to the duration of the agreement. The 2003 document was a revised edition of the previous agreement, and the wording in Clause 5 was overlooked. It reads "....and shall remain in force for eighteen (48) months." This is incorrect and it should read "....and remain in force for forty eight (48) months."

This error has been reflected in the decision for approval, and does not reflect the original intention of the revised agreement. All the members present at the hearing are in agreement that the original intention was for the TE 1306 of 2003 to remain in force for a period of forty eight (48) months.

We would be grateful if this error could be acknowledged, and resulting decision revised to reflect the intended duration of forty eight (48) months."

(3) The Commission may, pursuant to s21(2)(l) "correct, amend or waive any error, defect or irregularity in relation to a matter before it." The Decision is revised accordingly, and will now read:

(4) This application concerns the Putters Adventure Golf Enterprise Agreement 2003. The parties lodged the agreement on 21 August 2003 pursuant to s.61H of the Industrial Relations Act 1984. At the hearing of this matter on 30 September 2003, with the parties' consent, I amended Clauses 1, 8 and 20 of the agreement as lodged.

(5) The employer party to the agreement is Harryh Pty Ltd and Adventure Golf (Tasmania) Pty Ltd trading as Putters Adventure Golf. The employee parties are the employees classified in accordance with Clause 8 of this Agreement

(6) The agreement will commence operation from 30 September 2003 and remain in force for a period of forty-eight months.

(7) At the hearing, I satisfied myself that:-

(a) at least 60% of the persons employed in the enterprise in the one or more classes of employment to which the agreement is to apply approved the agreement in a secret ballot, pursuant to the provisions of s.61D(2) of the Act;

(b) the agreement contains the matters referred to in s.61E of the Act;

(c) the employees are otherwise covered by an award of the Commission, therefore the minimum conditions of employment set out in s.61F of the Act are not relevant;

(d) pursuant to the provisions of s.61I(2) of the Act, the parties to the agreement satisfied me that they are aware of (i) their entitlements and obligations under the agreement and under Part IVA of the Act; (ii) the changes to existing conditions of employment which will result from the agreement taking effect; and (iii) that they were provided with written statements to that effect at least two weeks before the ballot to approve the agreement;

(e) the parties conducted the secret ballots required in relation to the agreement in accordance with the requirements of s.61ZD(1) of the Act;

(f) in terms of s.61J(1)(ca) of the Act, there is no reason to believe that the bargaining process adopted by the parties to the agreement was not appropriate and fair;

(g) in terms of s.61J(1)(d) of the Act, there is no reason to believe the agreement was made under duress; and

(h) in terms of s.61J(1)(f) of the Act, there is no reason to believe the agreement is not fair in all the circumstances.

(8) In the circumstances I approve the agreement pursuant to s.61J(1) of the Act. I hereby notify the parties and the Minister of that approval and, in doing so, inform the parties of their right to withdraw from the agreement under s.61K of the Act, which provides that:-

"(1) A party to an enterprise agreement, within 14 days after receipt of a notice under section 61J, may give written notice to the other parties of the intention to withdraw from the agreement.

(2) A copy of the withdrawal notice is to be lodged with the Registrar within the period referred to in subsection (1).

(3) If the parties to an enterprise agreement (other than the employer) include individuals or an employee committee, notice of withdrawal from the agreement by those parties may only be given if at least 60% of the persons employed in the enterprise in the one or more classes of employment to which the agreement is to apply agree to it."

 

P C Shelley
DEPUTY PRESIDENT

Appearances:
Mr S Harry for Harryh Pty Ltd and Adventure Golf (Tasmania) Pty Ltd trading as Putters Adventure Golf
Mr C Schaffner and Mr G Chugg for themselves and for and on behalf of employees of Harryh Pty Ltd and Adventure Golf (Tasmania) Pty Ltd trading as Putters Adventure Golf

Date and place of hearing:
2003
September 30
Hobart