TASMANIAN INDUSTRIAL COMMISSION

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

Better Breathing Pty Ltd

and

Persons employed as Senior Sleep and Respiratory Technologist, Respiratory Technologist, Sleep Technician, Receptionist/Senior Secretary, Office Assistant, Assistant Practice Manager and Typist

[TE1291 of 2003]

BETTER BREATHING PTY LTD ENTERPRISE AGREEMENT 2003

Enterprise Agreement - agreement approved - operative 1 March 2003 for 3 years

APPROVAL OF ENTERPRISE AGREEMENT

This application concerns the Better Breathing Pty Ltd Enterprise Agreement 2003. The parties lodged the agreement on 6 May 2003 pursuant to s.61H of the Industrial Relations Act 1984.

The employer party to the agreement is Better Breathing Pty Ltd. The employee parties are the individuals employed in the classes of employment to which the agreement applies; i.e Senior Sleep and Respiratory Technologist, Respiratory Technologist, Sleep Technician, Receptionist/Senior Secretary, Office Assistant, Assistant Practice Manager and Typist. The enterprise is the specialist practice of respiratory physician Dr Hugh Mestitz.

The agreement will commence operation from 1 March 2003 and remain in force for a period of 3 years.

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) the employees are otherwise covered by an award of the Commission, therefore the minimum conditions of employment set out in s.61F of the Act are not relevant;

(d) 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;

(e) the parties conducted the secret ballots required in relation to the agreement in accordance with the requirements of s.61ZD(1) of the Act;

(f) 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;

(g) in terms of s.61J(1)(d) of the Act, there is no reason to believe the agreement was made under duress; and

(h) 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.

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."

 

Tim Abey
COMMISSIONER

Appearances:
Ms J Thomas, of the Tasmanian Chamber of Commerce and Industry Limited, agent for Better Breathing Pty Ltd
Mr D Johnson representing himself and all employees of Better Breathing Pty Ltd

Date and place of hearing:
2003
May 16
Hobart