TASMANIAN INDUSTRIAL COMMISSION

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

Hardy Wine Company

and

Persons employed as all employees who are classified in accordance with Appendix A and/or Appendix C of this agreement
[TE1324 of 2003]

HARDY WINE COMPANY (BAY OF FIRES) ENTERPRISE AGREEMENT 2003

Enterprise Agreement - agreement approved - operative 1 March 2004 until 30 November 2005

APPROVAL OF ENTERPRISE AGREEMENT

(1) This application concerns the Hardy Wine Company (Bay of Fires) Enterprise Agreement 2003. The parties lodged the agreement on 12 December 2003 pursuant to s.61H of the Industrial Relations Act 1984. At the hearing of this matter on 1 March 2004, with the parties' consent, I amended Clauses 4, 5, 6, 14, 20 and 28 of the agreement as lodged.

(2) The employer party to the agreement is the Hardy Wine Company (Bay of Fires). The employee parties are the individuals employed in the classes of employment to which the agreement applies; i.e persons employed as all employees who are classified in accordance with Appendix A and/or Appendix C of this agreement.

(3) The agreement will commence operation from 1 March 2004 and remain in force until 30 November 2005.

(4) At the hearing of this matter I waived the necessity for the parties to hold a secret ballot and satisfied myself having regard to the evidence and materials before me, 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 before the ballot 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 Enterprise Commissioner 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."

 

P C Shelley
Commissioner

Appearances:
Mrs V Middleton of the Tasmanian Chamber of Commerce and Industry Limited and Mr F Hulshof for Hardy Wine Company
Mr S Holloway, Ms J Coombes, Mr G Collier and Mr C Baker employees of Hardy Wine Company

Date and place of hearing:
March 1
Pipers River
2004