TASMANIAN INDUSTRIAL COMMISSION

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

Paul A Stone as trustee for the Paul A Stone Family Trust

and

Persons employed for tree felling and gathering
including the operation of vehicles and machinery
[TE 1267 of 2002]

PAUL A STONE ENTERPRISE AGREEMENT 2002

Enterprise Agreement - agreement approved - operative ffpp 20 December 2002 - for a period of 5 years

APPROVAL OF ENTERPRISE AGREEMENT

[1] This application concerns the Paul A Stone Enterprise Agreement 2002. The parties lodged the agreement on 25 November 2002 pursuant to s.61H of the Industrial Relations Act 1984. At the hearing of this matter on 20 December 2002, with the parties' consent, I amended the agreement as lodged, as follows: Clause 2 - Application, Clause 5 - Date of Operation and Duration, Clause 8 - Wage Rates and Clause 16 - Superannuation.

[2] The parties to the agreement are: Paul A Stone as trustee for the Paul A Stone Family Trust (the employer), and the employees are the individuals employed in the classes of employment to which the agreement applies; that is tree felling and gathering including the operation of vehicles and machinery. The enterprise is the employer's logging contracting business in Tasmania.

[3] The agreement will commence operation from the first full pay period to commence on or after 20 December 2002 and shall remain in force for a period of 5 years. The document also noted the parties' shared view that :

"The employees covered by this agreement are, except for this agreement, subject to the Timber Merchants Award (the Award).

Where inconsistencies occur between the Award and this Agreement, to the extent of those inconsistencies, this Agreement shall prevail."

[4] The Registrar, pursuant to s.61ZD(1A) of the Act, waived the necessity to hold a secret ballot under s.61D(2) of the Act.

[5] 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) 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 A Cameron, Tasmanian Chamber of Commerce and Industry Limited, for Paul A Stone as trustee for the Paul A Stone Family Trust
Mr Stephen John Saunders an employee of Paul A Stone as trustee for the Paul A Stone Family Trust

Date and place of hearing:
2002
December 20
Launceston