TASMANIAN INDUSTRIAL COMMISSION

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

Perkins Island Oysters Pty Ltd

and

Persons employed as trades persons, trainees or labourers on a full time, part time or casual employees
[TE1322 of 2003]

PERKINS ISLAND OYSTERS PTY LTD ENTERPRISE AGREEMENT 2003

Enterprise Agreement - agreement approved - operative 1 December 2003 - for a period of three years

APPROVAL OF ENTERPRISE AGREEMENT

[1] This application concerns Perkins Island Oysters Pty Ltd Enterprise Agreement 2003. The parties lodged the agreement on 3 December 2003 pursuant to s.61H of the Industrial Relations Act 1984.

[2] The parties to the agreement are:   Perkins Island Oysters Pty Ltd (the employer), and persons employed as trades persons, trainees or labourers on a full time, part time basis or casual employees. The employer's enterprise is that of an oyster farm business at Smithton in Tasmania.

[3] The agreement will commence operation from 1 December 2003 and remain in force for a period of three years.

[4] At the hearing, I satisfied myself that:-

(a) the agreement contains the matters referred to in s.61E of the Act;

(b) 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;

(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 prior to the hearing to approve the agreement;

(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).

(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 M Kennedy for Perkins Island Oysters Pty Ltd
John Mark Beech-Jones, John Gregory Bryan, Zack Kennedy, Gloria Kennedy and Todd Beswick being employees of Perkins Island Oysters Pty Ltd

Date and place of hearing:
2004
January 15
Smithton