TASMANIAN INDUSTRIAL COMMISSION

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

Peter Holman
trading as North West Off Road

and

Duncan McCreadie
and any other automotive parts and accessories sales employees
[TE1315 of 2003]

THE NORTH WEST OFF ROAD (SUPERANNUATION)
ENTERPRISE AGREEMENT 2003

Enterprise Agreement - agreement approved - operative date 19 November 2003 for 5 years

APPROVAL OF ENTERPRISE AGREEMENT

This application concerns The North West Off Road (Superannuation) Enterprise Agreement 2003. The parties lodged the agreement on 7 November 2003 pursuant to s.61H of the Industrial Relations Act 1984.

The employer party to the agreement is Peter Holman trading as North West Off Road, Shed 3/24 Kelcey Tier Road, Devonport, Tasmania. The employee parties are Duncan McCreadie and any other automotive parts and accessories sales employees.

The agreement will commence operation from 19 November 2003 and remain in force for a period of 5 years.

At the hearing I satisfied myself that:-

(a) the agreement is one made between an employer and an individual person employed in an enterprise pursuant to the provisions of s.61D(1)(d) 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 and (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;

(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 that 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 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)."

 

Tim Abey
COMMISSIONER

Appearances:
Mr J Evans, agent for Peter Holman trading as North West Off Road
Mr D McCreadie, employee of North West Off Road

Date and place of hearing:
2003
November 19
Ulverstone