TE1378
TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 The Uniting Church in Australia Property Trust (Tas) and Persons employed as kitchen attendant, laundry attendant, labourer, teachers aide, groundsperson, cleaner, driver, unqualified cook, trades assistant, canteen coordinator, laboratory assistant, library assistant, IT assistant, general clerical officer, tradesperson, first aid/administration officer, library officer, senior clerical officer, personal assistant SCOTCH OAKBURN COLLEGE (NON-TEACHING STAFF)
Enterprise Agreement - agreement approved - operative 1 January 2005 - remain in force until 31 December 2007 APPROVAL OF ENTERPRISE AGREEMENT [1] This application concerns the Scotch Oakburn College (Non-Teaching Staff) Enterprise Bargaining Agreement 2005. The parties lodged the agreement on 22 December 2004, pursuant to s.61H of the Industrial Relations Act 1984. [2] The employer party to the agreement is The Uniting Church in Australia Property Trust (Tas) trading as Scotch Oakburn College. The employee party are the persons employed as kitchen attendant, laundry attendant, labourer, teachers aide, groundsperson, cleaner, driver, unqualified cook, trades assistant, canteen coordinator, laboratory assistant, library assistant, IT assistant, general clerical officer, tradesperson, first aid/administration officer, library officer, senior clerical officer, personal assistant. [3] The agreement will commence operation from 1 January 2005 and remain in force until 31 December 2007. [4] 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;
(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. [5] 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:
James P McAlpine Appearances: Date and place of hearing: |