TASMANIAN INDUSTRIAL COMMISSION

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

Parkview Pty Ltd, ABN 31 617 953 673 trading as Parkview Medical Practice

Persons employed as full-time, part-time and casual Surgery Attendants, Enrolled Nurses and Practice Manager
[TE1311 of 2003]

THE PARKVIEW MEDICAL PRACTICE ENTERPRISE AGREEMENT 2003

Enterprise Agreement - agreement approved - operative 26 September 2003 - for a period of three years

APPROVAL OF ENTERPRISE AGREEMENT

[1] This application concerns The Parkview Medical Practice Enterprise Agreement 2003. The parties lodged the agreement on 2 October 2003 pursuant to s.61H of the Industrial Relations Act 1984.

[2] The parties to the agreement are: Parkview Pty Ltd, ABN 31 617 953 673 trading as Parkview Medical Practice (the employer), and the employees who are the individuals employed as full-time, part-time and casual Surgery Attendants, Enrolled Nurses and Practice Manager. The enterprise is: Parkview Pty Ltd, ABN 31 617 953 673 trading as Parkview Medical Practice, 17 Brisbane Street, Launceston in Tasmania.

[3] The agreement will commence operation from 26 September 2003 and remain in force for a period of three years. The document also noted the parties' shared view that the:

"... Agreement replaces the Parkview Medical Practice Enterprise Agreement 2000, which expired on 31 August 2003.

The Agreement replaces the following clauses from the Medical Practitioners (Private Sector) Award:-

• Clause 18 - Hours of Duty - span of ordinary hours only; &
• Clause 26 - Reference of Disputes; &
• Clause 27(b) - Sunday work."

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

(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;

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

(g) 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).

(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."

 

R J Watling
DEPUTY PRESIDENT

Appearances:
Mr J Evans for Parkview Pty Ltd, ABN 31 617 953 673 trading as Parkview Medical Practice
Ms J Cason and Ms L Yunk for themselves and on behalf of : Ms G Thomas, Ms A Langford, Ms L Leahman, Ms L Lovett, Ms K Milne, Ms G Saunders, Ms L Collins, Ms R Always, Ms J Eastoe and Ms L Hay being employees of Parkview Pty Ltd, ABN 31 617 953 673 trading as Parkview Medical Practice

Date And Place Of Hearing:
2003
October 16
Launceston