TASMANIAN INDUSTRIAL COMMISSION

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

Brain Injury Association of Tasmania

and

Karen Lee Pyke, Administration Assistant
[TE1330 of 2004]

BRAIN INJURY ASSOCIATION OF TASMANIA ENTERPRISE AGREEMENT 2004

Enterprise Agreement - agreement approved - operative 27 January 2004 until 4 January 2007

APPROVAL OF ENTERPRISE AGREEMENT

This application concerns the Brain Injury Association of Tasmania Enterprise Agreement 2004. The parties lodged the agreement on 12 February 2004 pursuant to s.61H of the Industrial Relations Act 1984. At the hearing of this matter on 5 March 2004, with the parties' consent, I amended Clause 5 of the agreement of the agreement as lodged.

The employer party to the agreement is The Brain Injury Association of Tasmania. The employee party is Karen Lee Pyke, the Administration Assistant.

The agreement will commence operation from 27 January 2004 and remain in force until 4 January 2007.

Prior to the hearing the Registrar waived the necessity for the parties to hold a secret ballot. At the hearing I 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 employee is 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.

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:
Mr R Rollins Ms D Byrne for the Brain Injury Association of Tasmania
Ms K Pyke employee of the Brain Injury Association of Tasmania

Date and place of hearing:
2004
March 5
Hobart