TASMANIAN INDUSTRIAL COMMISSION

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

The Board of Christian Schools Tasmania ACN 009 481 485
trading as Christian Schools Tasmania

and

The Tasmanian Independent School Teachers Association ACN 830 108 813 on behalf of all persons employed by the employer at the following schools:

Calvin Primary School
Calvin Secondary School
Channel Christian School
Emmanuel Christian School
Northern Suburbs Christian School
[TE1338 of 2004]

CHRISTIAN SCHOOLS TASMANIA (TEACHERS) ENTERPRISE AGREEMENT 2004

Enterprise Agreement - agreement approved - operative 1 January 2004 - to remain in force until 31 December 2006

APPROVAL OF ENTERPRISE AGREEMENT

[1] This application concerns the Christian Schools Tasmania (Teachers) Enterprise Agreement 2004. The parties lodged the agreement on 28 April 2004 pursuant to s.61H of the Industrial Relations Act 1984.

[2] The employer party to the agreement is The Board of Christian Schools Tasmania ACN 009 481 485 trading as Christian Schools Tasmania. The employee party is the Tasmanian Independent Schools Teachers Association on behalf of all persons employed by the employer as teachers at the following schools:

Calvin Primary School;
Calvin Secondary School;
Channel Christian School;
Emmanuel Christian School; and the
Northern Suburbs Christian School.

[3] The agreement will commence operation from 1 January 2004 and remain in force until 31 December 2006.

[4] The document also noted the parties' shared view that -

"Teachers covered by this Agreement are, except for this Agreement, subject to the Independent Schools (Teachers) Tasmania Award. This Agreement is to be read in conjunction with the Award and to the extent that there is any conflict between this Agreement and the Award, the provisions of the Agreement shall prevail."

[5] 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.

[6] 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)."

 

James P McAlpine
COMMISSIONER

Appearances:
Mr R Mecklenburgh for the Tasmanian Independent School Teachers Association
Mr N Rowcroft for The Board of Christian Schools Tasmania ACN 009 481 485 trading as Christian Schools Tasmania

Date and place of hearing:
2004
May 28
Hobart