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Tasmanian Industrial Commission

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TE1416

 

TASMANIAN INDUSTRIAL COMMISSION

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

Centacare Welfare

and

An Employee Committee formed on behalf of all employees employed within Centacare Welfare throughout Tasmania
(TE1416 of 2005)

THE CENTACARE WELFARE ENTERPRISE AGREEMENT 2005

 

DEPUTY PRESIDENT P C SHELLEY

 

HOBART, 21 October 2005

Enterprise Agreement - agreement approved - operative 19 October 2005 for a period of three years

APPROVAL OF ENTERPRISE AGREEMENT

(1) This application concerns the Centacare Welfare Enterprise Agreement 2005. The parties lodged the agreement on 28 September 2005 pursuant to s.61H of the Industrial Relations Act 1984. At the hearing of this matter on 19 October 2005, with the parties' consent, I amended Clauses 1 - Title, 2 - Application and 18 - Declaration and Signatories of the agreement as lodged.

(2) The employer party to the agreement is Centacare Welfare. The employee party is the Employee Committee formed on behalf of all employees employed within Centacare Welfare throughout Tasmania.

(3) The agreement will commence operation from 19 October 2005 and remain in force for a period of three years.

(4) 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;

(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 that 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:-

"(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:
Robyn Priestley, Denita Dean, Beverly Marchant and Anne Matuszek, employees of Centacare Welfare, for and on behalf of the employee committee elected to represent employees employed within Centacare Welfare throughout Tasmania
Mrs A Murfet and Mr B McTaggart on behalf of Centacare Welfare

Date and place of hearing:
2005
October 19
Hobart