TASMANIAN INDUSTRIAL COMMISSION

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

Kingston Online Access Centre

and

Amanda Oliver, the fulltime access centre Manager
[TE1287 of 2003]

KINGSTON ONLINE ACCESS CENTRE [MANAGER] ENTERPRISE AGREEMENT

Enterprise Agreement - agreement approved - operative 15 May 2003 until 15 April 2004

APPROVAL OF ENTERPRISE AGREEMENT

[1] This application concerns the Kingston Online Access Centre [Manager] Enterprise Agreement. The parties lodged the agreement on 16 April 2003 pursuant to s.61H of the Industrial Relations Act 1984. A hearing commenced at the Commonwealth Law Courts, 39-41 Davey Street, Hobart on 15 May 2003 at 3.00 pm.

[2] The employer party to the agreement is Kingston Online Access Centre. The employee party is Amanda Oliver, the fulltime access centre manager.

[3] The agreement will commence operation from 15 May 2003 and remain in force until 15 April 2004

[4] 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 conditions of employment fixed by the agreement, where relevant, are not less than the minimum conditions of employment set out in s.61F 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) 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.

[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 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."

 

P C Shelley
COMMISSIONER

Appearances:
Mr W Lee for Kingston Online Access centre
Ms A Oliver employee of Kingston Online Access centre

Date and place of hearing:
2003
May 15
Hobart