TASMANIAN INDUSTRIAL COMMISSION

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

The Minister Administering the State Service Act 2000

and

Australian Liquor, Hospitality and Miscellaneous Workers Union -
Tasmanian Branch
[TE1331 of 2004]

THE TAFE TASMANIA CLEANING SERVICE ENTERPRISE AGREEMENT 2003

Enterprise Agreement - agreement approved - operative 1 October 2003 - 5 years

APPROVAL OF ENTERPRISE AGREEMENT

This application concerns The TAFE Tasmania Cleaning Service Enterprise Agreement 2003. The parties lodged the agreement on 23 February 2004 pursuant to s.61H of the Industrial Relations Act 1984. At the hearing of this matter on 11 March 2004, with the parties' consent, I amended the agreement to include Clause 10 - Grievance Procedure.

The employer party to the agreement is The Minister Administering the State Service Act 2000. The employee party is the Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch on behalf of all persons employed by the employer as cleaners and leading hand cleaners at campuses of TAFE Tasmania.

The agreement will commence operation from 1 October 2003 and remain in force for a period of 5 years. The document also noted the parties' shared view that, "This agreement is to be read and interpreted in conjunction with the Miscellaneous Workers (Public Sector) Award. This agreement prevails over the award where the agreement deals with the same matters".

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) 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;

(e) 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.

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)."

 

Tim Abey
COMMISSIONER

Appearances:
Mr C Mulcahy, of TAFE Tasmania, for the Minister Administering the State Service Act 2000.
Mr P Tullgren for the Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch.

Date and place of hearing:
2004
March 11
Hobart