TASMANIAN INDUSTRIAL COMMISSION

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

Scott Andrew Newsum trading as Scooters Restaurant

and

Persons employed as Chefs, Cooks, Food and Beverage Service,
Apprentices and Trainees
[TE 1248 of 2002]

SCOOTERS RESTAURANT ENTERPRISE AGREEMENT

Enterprise Agreement - agreement approved - operative 19 December 2002 - for a period of 3 years

APPROVAL OF ENTERPRISE AGREEMENT

[1] This application concerns the Scooters Restaurant Enterprise Agreement. The parties lodged the agreement on 20 June 2002 pursuant to s.61H of the Industrial Relations Act 1984.

[2] The matter was set down for hearing at the Deloraine Community Complex on Thursday 18 July 2002 at 4.00 pm.

[3] After hearing preliminary submission on that day, the hearing proceeded by way of conference. At the conclusion of the conference, the parties requested the hearing be adjourned to enable further discussions to take place and to clarify certain aspects of the agreement.

[4] That request was granted.

[5] An amended agreement was received by the Commission on 27 November 2002. This sought to delete all clauses contained in the original agreement and replace them with Clauses 1 to 20 in the amending agreement.

[6] The employees signified their agreement to this new document via a secret ballot on 19 November 2002 when 100 percent of the employees voted in favour of the new enterprise agreement.

[7] The matter was again set down for hearing at the Magistrates Court, 19 King Edward Street, Ulverstone, Tasmania on Thursday 19 December 2002 at 12.00 noon.

[8] The parties to the agreement are: Scott Andrew Newsum trading as Scooters Restaurant (the employer), and the employees are the individuals employed in the classes of employment to which the agreement applies; that is Chefs, Cooks, Food and Beverage Service, Apprentices and Trainees. The enterprise is the employer's restaurant business at Deloraine in Tasmania.

[9] The agreement will commence operation from 19 December 2002 and remain in force for a period of 3 years.

[10] The document also noted the parties' shared view that the content of the agreement:

"(a) refer to all conditions of employment of persons employed in the classes of employment set out under Clause 3 (Scope); and


(b) deal with and prevail over all matters in the Restaurant Keepers Award and any other State award deemed to apply to such employees."

[11] 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;

[12] 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) 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;

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

(e) 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;

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

(g) 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.

[13] 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."

 

R J Watling
DEPUTY PRESIDENT

Appearances:
Mr S A Newsum (18.7.02), Mr I R Huett (19.12.02), for Scott Andrew Newsum trading as Scooters Restaurant
Mr Craig Eastley and Lindsey Highet for themselves and for Mrs Penny Walker, Ms Hollie Donovan, Ms Clare Dunlop, Miss Kasondi Roles and Ms Janelle Scott as employees of Scott Andrew Newsum trading as Scooters Restaurant

Date and place of hearing:
2002
July 18
Deloraine
December 19
Ulverstone