TE1384
TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 The Archbishop of Hobart (the Archbishop) and The Employee Committee on behalf of all employees employed within Centacare Employment Services, The Apprenticeship Specialist and Willson Training Centre (Centacare Employment) throughout Tasmania THE CENTACARE EMPLOYMENT ENTERPRISE AGREEMENT 2004
Enterprise Agreement - agreement approved - operative 17 March 2005 - to remain in force for 3 years APPROVAL OF ENTERPRISE AGREEMENT This application concerns The Centacare Employment Enterprise Agreement 2004. The parties lodged the agreement on 17 January 2005 pursuant to s.61H of the Industrial Relations Act 1984. At the hearing of this matter on 17 March 2005, with the parties' consent, I amended Clause 17 - Redundancy, of the agreement as lodged. The employer party to the agreement is The Archbishop of Hobart, (the Archbishop). The employee parties are the individuals employed within Centacare Employment Services, The Apprenticeship Specialist and Willson Training Centre (Centacare Employment) throughout Tasmania The agreement will commence operation from 17 March 2005 and remain in force for a period of 3 years. At a 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;
(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 that the agreement is not fair in all the circumstances. 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:-
J P McAlpine Appearances: Date and place of hearing: |