TE1323
TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Samjack Pty Ltd and Persons employed as Full-Time Log Truck Drivers THE SAMJACK ENTERPRISE AGREEMENT 2003
Enterprise Agreement - agreement approved - operative 15 December 2003 for 3 years APPROVAL OF ENTERPRISE AGREEMENT [1] This application concerns The Samjack Enterprise Agreement 2003. The parties lodged the agreement on 8 December 2003 pursuant to s.61H of the Industrial Relations Act 1984. [2] The employer party to the agreement is Samjack Pty Ltd, 1373 Bridport Road, Scottsdale, Tasmania. The employee parties are the individuals employed in the classes of employment to which the agreement applies, i.e full-time log truck drivers. [3] The agreement will commence operation from 15 December 2003 and remain in force for a period of 3 years. [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) 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. [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:-
Tim Abey Appearances: Date and place of hearing: |