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Tasmanian Industrial Commission

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TE1270

 

TASMANIAN INDUSTRIAL COMMISSION

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

Lifeline Hobart Inc.

and

Persons employed as Full-time and Part-time employees
whose relevant award is the Community Services Award

[TE 1270 OF 2002]

LIFELINE HOBART INC REMUNERATION PACKAGING AGREEMENT 2002
(COMMUNITY SERVICE AWARD EMPLOYEES)

 

DEPUTY PRESIDENT R J WATLING

HOBART, 17 December 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 (Community Services Award Employees). 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 employees whose relevant award is the Community Services Award. 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 :

    "Employees who are employed by Lifeline Hobart Inc covered by this Agreement are, except for this Agreement, subject to the Community Services Award (CSA) - a Tasmanian State Award.

    Where any inconsistency occurs between this Agreement and the Community Services 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.

[6]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 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:
Ms W Heywood (The Public Officer) and Ms M Bryan for Lifeline Hobart Inc.
Ms Julie Britton for herself, and for and on behalf of Ms Lyndy Burt, Ms Angela Romano, Ms Susan Ezzy, Ms Constance Farrell, Ms Jocelyn Freedman, Ms Christine Kettleton, Ms Kathy Mason, Ms Glenda Radcliffe, Ms Andrea Cordwell, employees of Lifeline Hobart Inc.
Ms Libby Cooper for herself an employee of Lifeline Hobart Inc.

Date and place of hearing:
2002
December 16, 17
Hobart