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Tasmanian Industrial Commission

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TE1296

 

TASMANIAN INDUSTRIAL COMMISSION

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

The Friends' School Incorporated

and

The Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch on behalf of all non-teaching staff who would otherwise be employed under the Independent Schools [Non-Teaching Staff] Award
[TE1296 of 2003]

THE FRIENDS' SCHOOL [NON-TEACHING STAFF] ENTERPRISE
BARGAINING AGREEMENT 2003

 

COMMISSIONER P C SHELLEY

HOBART, 18 June 2003

Enterprise Agreement - agreement approved - operative 1 May 2003 until 31 December 2005

APPROVAL OF ENTERPRISE AGREEMENT

[1] This application concerns The Friends' School [Non-Teaching Staff] Enterprise Bargaining Agreement 2003. The parties lodged the agreement on 22 May 2003 pursuant to s.61H of the Industrial Relations Act 1984. At the hearing of this matter on 13 June 2003, with the parties' consent, I amended Clause 8.4 - Structures of the agreement as lodged.

[2] The employer party to the agreement is The Friends' School Incorporated. The employee party is the Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch on behalf of all persons employed by the employer as non-teaching staff who would otherwise be employed under the Independent Schools [Non-Teaching Staff] Award.

[3] The agreement will commence operation from 1 May 2003 and remain in force until 31 December 2005.

[4] At the hearing of this matter I satisfied myself that:-

    (a) the agreement is one made between an employer and an employee organisation pursuant to the provisions of s.61D(1)(a) 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;

    (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;

    (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.

[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 Registrar within the period referred to in subsection (1)."

 

P C Shelley
COMMISSIONER

Appearances:
Mr P Tullgren of the Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch on behalf of the Friends' School Incorporated Non-Teaching Staff
Mr J Evans and Mr N Hutton on behalf of the Friends' School Incorporated

Date and place of hearing:
2003
June 13
Hobart