TE1296
TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 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 THE FRIENDS' SCHOOL [NON-TEACHING STAFF] ENTERPRISE
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:-
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