TASMANIAN INDUSTRIAL COMMISSION

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

Stephen Dyer - ABN 2118 5337 931 - a sole trader
trading as AbbaNet

and

Any Managed Network Specialist covered by this Agreement
[TE1255 of 2002]

THE ABBANET ENTERPRISE AGREEMENT 2002

Enterprise Agreement - agreement approved - operative 17 July 2002 for a period of three years

APPROVAL OF ENTERPRISE AGREEMENT

[1] This application concerns the Abbanet Enterprise Agreement 2002. The parties lodged the agreement on 6 August 2002 pursuant to s.61H of the Industrial Relations Act 1984. At the hearing of this matter on 10 September 2002, with the parties' consent, I amended Clauses 4 and 10.5 of the agreement as lodged.

[2] The employer party to the agreement is Stephen Dyer -ABN 2118 5337 931 - a sole trader, trading as AbbaNet . The employee parties are the individuals employed in the classes of employment to which the agreement applies; i.e any Managed Network Specialist covered by the agreement.

[3] The agreement will commence operation from 17 July 2002 and remain in force for a period of three years.

[4] The secret ballot was not required pursuant to s.61D91)(d) as there is only one employee. At the hearing I satisfied myself having regard to the evidence and materials before me, that:-

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

(b) the conditions of employment fixed by the agreement, where relevant, are not less than the minimum conditions of employment set out in s.61F 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.

(d) 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;

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

(f) 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:-

"(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 Enterprise Commissioner 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
Commissioner

Appearances:
Mr J Evans for Stephen Dyer - ABN 2118 5337 931 trading as AbbaNet
Mr J Stantiall, employee of Stephen Dyer - ABN 2118 5337 931 trading as AbbaNet representing himself

Date and place of hearing:
2002
September 10
Smithton