TASMANIAN INDUSTRIAL COMMISSION

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

Minister Administering the State Service Act 2000

and

Australian Liquor, Hospitality and Miscellaneous Workers Union -
Tasmanian Branch

[TE 1326 of 2003]

DEPARTMENT OF EDUCATION - SCHOOL ATTENDANTS
INDUSTRIAL AGREEMENT 2003

Enterprise Agreement - agreement approved - operative on and from 1 October 2003 - to remain in force until 30 September 2008

APPROVAL OF ENTERPRISE AGREEMENT

[1] This application concerns the Department Of Education - School Attendants Industrial Agreement 2003. The parties lodged the agreement on 18 December 2003 pursuant to s.61H of the Industrial Relations Act 1984.

[2] The parties to the agreement are: the Minister Administering the State Service Act 2000 (the employer), and the Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch (the union), representing all those employees employed in the classes of employment to which the agreement applies; i.e. School Attendants.

[3] The agreement will commence operation from 1 October 2003. The document also noted the parties' shared view that:

"This agreement is an extension of the agreement applying to the Department of Education contained in Appendix A to the Miscellaneous Workers (Public Sector) Award (the Award), and to the Department of Education, Community and Cultural Development - School Attendants Industrial Agreement 1997 (T6742 of 1997), the Department of Education, Community and Cultural Development - School Attendants Industrial Agreement 1997 (T7104 of 1997), and Department of Education School Attendants Enterprise Agreement 1998 (TE/749 of 1999)."

[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) 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;

(d) 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;

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

(f) 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)."

 

R J Watling
DEPUTY PRESIDENT

Appearances:
Mr P Tullgren for the Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch
Mr P Cleaver for the Minister Administering the State Service Act 2000 (Department of Education)

Date and place of hearing:
2003
December 23
Hobart