TASMANIAN INDUSTRIAL COMMISSION

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

Relationship Counselling & Mediation Services Inc.
trading as Relationships Australia, Tasmania

and

An Employee Committee formed to Represent Persons Employed in the Enterprise as Professional, Administrative and Operational Staff

[TE 1282 OF 2003]

RELATIONSHIPS AUSTRALIA, TASMANIA PERMANENT EMPLOYEES ENTERPRISE AGREEMENT 2003

Enterprise Agreement - agreement approved - operative date 24 March 2003 - for a period of three years

APPROVAL OF ENTERPRISE AGREEMENT

[1] This application concerns the Relationships Australia, Tasmania Permanent Employees Enterprise Agreement 2002. The parties lodged the agreement on 4 March 2003, pursuant to s.61H of the Industrial Relations Act 1984.

[2] At the hearing of this matter on 24 March 2003, and with the parties consent, a new document was tendered. The new document, which was signed by all the parties to the original agreement, contains minor amendments, clarification and renumbering due to changes. Also at the request of the parties the title of the agreement was changed to Relationships Australia, Tasmania Permanent Employees Enterprise Agreement 2003.

[3] The parties to the agreement are: Relationship Counselling & Mediation Services Inc. trading as Relationships Australia, Tasmania (the employer), and an employee committee representing employees employed in the classes of employment to which the agreement applies; that is Professional, Administrative and Operational Staff. The enterprise is the employer's relationship, counselling and mediation service business at Hobart, Launceston and Devonport in Tasmania.

[4] The agreement will commence operation from 24 March 2003 and will remain in force for a period of three years. The document also noted the parties' shared view that the:

"... provisions contained in this agreement refer to and deal with all of the conditions of employment covering the employment relationship between the parties and prevails over the Community Services and the Clerical and Administrative Employees (Private Sector) Awards where the agreement deals with the same matters.

The agreement also expressly prevails over award provisions dealing with matters specified in Clause 23 - Award Provisions and subsequent provisions not specified."

[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 that 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:
Ms J Thomas from the Tasmanian Chamber of Commerce and Industry Limited, with Ms S Holmes for Relationship Counselling & Mediation Services Inc. trading as Relationships Australia, Tasmania
Mr P Edwards for himself and Mr T Henry, Kim Fletcher, Mr A Jackman, Mr M Cross, Ms J Morgan and Ms M Robertson being members of the employee committee elected to represent the employees of Relationship Counselling & Mediation Services Inc. trading as Relationships Australia, Tasmania.

Date and place of hearing:
2003
March 24
Hobart