TASMANIAN INDUSTRIAL COMMISSION

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

Family Based Care Association (Northern Region) Inc.

and

Persons employed as clerical and administrative employees
[TE 1285 of 2003)

FAMILY BASED CARE (NORTH) SALARY SACRIFICE ENTERPRISE AGREEMENT 2002

Enterprise Agreement - agreement approved - operative 30 May 2003 - for a period of five years

APPROVAL OF ENTERPRISE AGREEMENT

[1] This application concerns the Family Based Care (North) Salary Sacrifice Enterprise Agreement 2002. The parties lodged the agreement on 4 April 2003 pursuant to s.61H of the Industrial Relations Act 1984.

[2] The parties to the agreement are: Family Based Care Association (Northern Region) Inc. (the employer), and the employees who are the individuals employed in the classes of employment to which the agreement applies; that is clerical and administrative employees. The agreement specifically excludes employees employed under the Family Based Care (North) Support Staff Enterprise Agreement 1999. The enterprise is the Family Based Care Association (Northern Region) Inc. at Earl Street, Launceston in Tasmania.

[3] The agreement will commence operation from 30 May 2003 and remain in force for a period of five years. The document also noted the parties' shared view that:

"Employees covered by this agreement are, except for this agreement, bound by the Community Services Award and the Clerical and Administrative Employees (Private Sector) Award.

In the event of any inconsistency arising between this agreement and the Community Services Award and the Clerical and Administrative Emplopyees (Private sector) Award, this agreement shall prevail to the extent of those inconsistencies."

[4] 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 A Cameron, from the Tasmanian Chamber of Commerce and Industry Limited, for The Directors, Family Based Care Association (Northern Region) Inc.
Linda Butler for herself and for and on behalf of Jan Maree Allen, Marilyn Canterford, Sharon Freeman, Peggy Isobel Cameron, Anna Gaal, Debra Kaye Keogh, Leanne Christie, Frances Andrews, Susanne Lesley Carruthers, Karen Mackenzie, Julie Anne Payne, Katrina Elizabeth Hawes, Raymond Francis Niland, Nadene Lee-Arne Graham, Joann Holmes, Rhonda Marilyn Niland, Stephen Rouse, Monica Hindrum, Gregory King, Diane Parish, Jill Clorine Thomas, Natalie Suli, Brenda Kent, Leslie Josephine Nicklason, Ann Elizabeth Rouse, Vicki Treloar, Kay Thompson, Beredina (Dineke) Depuit and Melissa Joy Jensen, being employees of Family Based Care Association (Northern Region) Inc.
Michelle Domanska for herself and for and on behalf of Giselle Davidson, Lyn Cameron, Rachel Gowland and Kathryn White

Date and place of hearing:
2003
May 30
Launceston