TASMANIAN INDUSTRIAL COMMISSION

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

St. Vincent's Hospital (Launceston) Ltd, ABN 22 055 226 410,
trading as St. Vincent's Hospital Launceston

and

Darren Stephens and/or any other person appointed
to the position of Information Systems Manager
[TE 1263 of 2002]

ST. VINCENT'S HOSPITAL LAUNCESTON INFORMATION SYSTEMS ENTERPRISE AGREEMENT 2002

Enterprise Agreement - agreement approved - operative 3 October 2002 - to remain in force for a period of two years

APPROVAL OF ENTERPRISE AGREEMENT

[1] This application concerns the St. Vincent's Hospital Launceston Information Systems Enterprise Agreement 2002. The parties lodged the agreement on  pursuant to s.61H of the Industrial Relations Act 1984.

[2] The parties to the agreement are: St. Vincent's Hospital (Launceston) Ltd, ABN 22 055 226 410, trading as St. Vincent's Hospital Launceston (the employer), and Darren Stephens and/or any other person appointed to the position as detailed in the agreement; i.e. Information Systems Manager.

[3] The agreement will commence operation from 3 October 2002 and remain in force for a period of two years. The document also noted the parties' shared view that "Except where consistent with this Agreement the provisions of the Hospitals Award of the Tasmanian Industrial Commission shall apply".

[4] At the hearing of this matter 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) 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;

(c) 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;

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

(e) 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.

[6] 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 M Watson, from the Tasmanian Chamber of Commerce and Industry Limited, for St. Vincent's Hospital (Launceston) Ltd, ABN 22 055 226 410, trading as St. Vincent's Hospital Launceston
Mr D Stephens for himself, an employee of St. Vincent's Hospital (Launceston) Ltd, ABN 22 055 226 410, trading as St. Vincent's Hospital Launceston

Date and place of hearing:
2002
November 29
Launceston