TASMANIAN INDUSTRIAL COMMISSION

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

Christian Schools Tasmania, ACN 009 481 485
and

Persons employed by the employer within the scope of the Independent Schools (Non Teaching Staff) Award - classification Groups A to K
[TE 1275 of 2003]

CHRISTIAN SCHOOLS TASMANIA (NON-TEACHING STAFF) ENTERPRISE BARGAINING AGREEMENT 2003

Enterprise Agreement - agreement approved - operative 15 January 2003 - to remain in force until 31 December 2005

APPROVAL OF ENTERPRISE AGREEMENT

[1] This application concerns the Christian Schools Tasmania (Non-teaching Staff) Enterprise Bargaining Agreement 2003. The parties lodged the agreement on 15 January 2003 pursuant to s.61H of the Industrial Relations Act 1984.

[2] At the hearing of this matter on 4 February 2003, with the parties' consent, I amended the following clauses: Clause 3 - Parties to the Agreement; Clause 5.1 Date and Duration of the Agreement; Clause 9 - Wage Rates, subclause 9.1 - Wage Groups & Rates and subclause 9.6 - Safety Net; Clause 14.2 - Remuneration Packaging; and, Clause 22.3 - Dispute Settling Procedure.

[3] The parties to the agreement are: Christian Schools Tasmania, ACN 009 481 485 (the employer), and the employees who are the individuals employed in the classes of employment to which the agreement applies; that is persons employed by the employer within the scope of the Independent Schools (Non Teaching Staff) Award - classification Groups A to K. The enterprise is the employer's business at Calvin Primary School, Calvin Secondary School, Channel Christian School, Emmanuel Christian School and the Northern Suburbs Christian School in Tasmania.

[4] The agreement will commence operation from 15 January 2003 and shall remain in force until 31 December 2005. The document also noted the parties' shared view that:

"This agreement displaces all agreements made between the parties under either section 55 or Part IVA of the Industrial Relations Act 1984. This agreement shall be read and interpreted wholly in conjunction with the Independent Schools (Non teaching Staff) Award ("the award").

Where there is any inconsistency between this Agreement and the Award, this Agreement will prevail to the extent of the inconsistency."

[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:-

"(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 N Rowcroft for Christian Schools Tasmania ACN 009 481 485
Mr J Kroon for himself, and for and on behalf of Ms S Barrow, Ms A Baxter, Mrs L Dean, Ms S Maiden, Mrs G Reynolds, Mrs E Smith, Mr H Southwell, Mrs A Stam, and Mr D Welsh employees of Christian Schools Tasmania, ACN 009 481 485
Mr L Bradburn for himself, and for and on behalf of Ms J Carswell, Ms C Davidson, Mr T Gregory and Mr D Smith employees of Christian Schools Tasmania, ACN 009 481 485
Ms J Florisson for herself an employee of Christian Schools Tasmania, ACN 009 481 485
Ms E Wierenga for herself an employee of Christian Schools Tasmania, ACN 009 481 485
Ms L Kelder for herself an employee of Christian Schools Tasmania, ACN 009 481 485

Date and place of hearing:
2003
February 4
Hobart