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TE1280

 

TASMANIAN INDUSTRIAL COMMISSION

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

Division Of General Practice Northern Tasmania Inc.

and

Persons employed as Level 1, Level 2 - Administrative Support, Level 3 - Program Support/Snr. Admin, Level 4 Program Officer/Coordinator (Grades 1, 2 and 3) and Level 5 - Senior Officer/Senior Program Coordinator

[TE 1280 of 2003]

DIVISION OF GENERAL PRACTICE NORTHERN TASMANIA INC.
ENTERPRISE BARGAINING AGREEMENT 2003-2005

 

DEPUTY PRESIDENT R J WATLING

HOBART, 26 March 2003

Enterprise Agreement - agreement approved - operative 20 January 2003 - to remain in force for a period of three years

APPROVAL OF ENTERPRISE AGREEMENT

[1] This application concerns the Division Of General Practice Northern Tasmania Inc. Enterprise Bargaining Agreement 2003-2005. The parties lodged the agreement on 5 February 2003  pursuant to s.61H of the Industrial Relations Act 1984.

[2] At the hearing of this matter on 25 March 2003, with the parties' consent, I amended Clause 4 - Period of Operation, subclause 4.1 - Application.

[3] The parties to the agreement are: the Division Of General Practice Northern Tasmania Inc. (the employer), and the employees who are the individuals employed in the classes of employment to which the agreement applies; that is Level 1, Level 2 - Administrative Support, Level 3 - Program Support/Snr. Admin, Level 4 Program Officer/Coordinator (Grades 1, 2 and 3) and Level 5 - Senior Officer/Senior Program Coordinator. The enterprise is the employer's Division Of General Practice Northern Tasmania business at 25 York Street, Launceston in Tasmania.

[4] The agreement will commence operation from 20 January 2003 and will remain in force for a period of three years. The document also noted the parties' shared view that "this Agreement shall override the provisions of any award or State agreement, which would otherwise apply to the employment of employees covered by this Agreement".

[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] 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 J Graham for Division Of General Practice Northern Tasmania Inc.
Mr T Cooper for and on behalf of Ms D Harman, Ms K Loone, Ms D O'Halloran, Ms K LeFevre, Ms A Street, Dr R Bailey-Smith, Ms T Parsons, Ms D Smith, Mr A Baonza, Ms R Wall, Ms M Adams, Mr D Lockett, Ms A Todd, Ms S Saltmarsh and Mr J Marshall, employees of the Division Of General Practice Northern Tasmania Inc.

Date and place of hearing:
2003
March 18, 25
Hobart