TASMANIAN INDUSTRIAL COMMISSION

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

Cogo Help Pty Ltd

and

Persons employed as Part-Time Employees
[TE1273 of 2002]

THE COGO HELP (PART-TIME EMPLOYEES) ENTERPRISE AGREEMENT 2002

Enterprise Agreement - agreement approved - operative 19 December 2002 - 5 years

APPROVAL OF ENTERPRISE AGREEMENT

This application concerns The Cogo Help (Part-Time Employees) Enterprise Agreement 2002. The parties lodged the agreement on 6 December 2002 pursuant to s.61H of the Industrial Relations Act 1984. At the hearing of this matter on 19 December 2002, with the parties' consent, I amended Clauses 5 - Part-Time Employment, subclause 5.1, of the agreement as lodged.

The employer party to the agreement is Cogo Help Pty Ltd, 81 Tara Drive, Acton Park, a company established to provide personal care and support services for Mrs Winsome Morgan. The employee parties are the individuals employed as part-time employees.

The agreement will commence operation from 19 December 2002 and remain in force for a period of 5 years.

At the hearing of this matter I waived the necessity for the parties to hold a secret ballot and 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 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;

(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) 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.

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."

 

Tim Abey
COMMISSIONER

Appearances:
Mr J Evans, agent for Cogo Help Pty Ltd
Mrs J Glover and Mrs V Tabor, representing themselves
Ms R Alderton and Ms A Males via audio link

Date and place of hearing:
2002
December 19
Hobart