TE1288
TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Kingston Online Access Centre and Byron Drogemuller, the fulltime access centre Technical Officer KINGSTON ONLINE ACCESS CENTRE [TECHNICAL OFFICER]
Enterprise Agreement - agreement approved - operative 24 July until 27 August 2003 APPROVAL OF ENTERPRISE AGREEMENT [1] This application concerns the Kingston Online Access Centre [Technical Officer] Enterprise Agreement. The parties lodged the agreement on 3 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. This hearing was adjourned and resumed on 24 July 2003 at 2.15 pm. [2] The employer party to the agreement is Kingston Online Access Centre. The employee party is Byron Drogemuller, the fulltime access centre Technical Officer. [3] The agreement will commence operation from 24 July 2003 and remain in force until 27 August 2003. [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:-
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