TE1269
TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Lifeline Hobart Inc. and Persons employed as Full-time and Part-time Business Centre Employees LIFELINE HOBART INC REMUNERATION PACKAGING AGREEMENT 2002
Enterprise Agreement - agreement approved - operative from 17 December 2002 - for a period of 1 year APPROVAL OF ENTERPRISE AGREEMENT [1] This application concerns the Lifeline Hobart Inc Remuneration Packaging Agreement 2002 (Business Centre). The parties lodged the agreement on 25 November 2002 pursuant to s.61H of the Industrial Relations Act 1984. However, at the date of the hearing variations were made to Clause 5 - Relationship to Relevant Award, a new Clause 6 - Purpose of this Agreement added, and a new and consolidated document, signed by all the parties to the original agreement was presented for the Commission's approval. [2] The parties to the agreement are: Lifeline Hobart Inc. (the employer), and persons employed as Full-time and Part-time Business Centre employees. The enterprise is the employer's charitable organisation at New Town in Tasmania. [3] The agreement will commence operation from 17 December 2002 and remain in force for a period of one year. The document also noted the parties' shared view that: "(a) Employees who are employed by Lifeline Hobart Inc covered by this Agreement are, except for this Agreement, subject to the Retail Trades Award or Transport Workers General Award (RTA or TWGA) - Tasmanian State Awards. (b) Where any inconsistency occurs between this Agreement and the Retail Trades Award or Transport Workers General Award, this Agreement shall prevail to the extent of the inconsistency." [4] 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; [5] 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. [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:
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