TASMANIAN INDUSTRIAL COMMISSION

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

The Hutchins School Board of Management

and

The Tasmanian Independent Schools Teachers Association

[TE1350 of 2004]

THE HUTCHINS SCHOOL (TEACHERS) ENTERPRISE AGREEMENT 2004

Enterprise Agreement - agreement approved - operative 1 July 2004 - until 30 June 2007

APPROVAL OF ENTERPRISE AGREEMENT

[1] This application concerns The Hutchins School (Teachers) Enterprise Agreement 2004. The parties lodged the agreement on 30 June 2004 pursuant to s.61H of the Industrial Relations Act 1984.

[2] The employer party to the agreement is The Hutchins School Board of Management. The employee party is The Tasmanian Independent Schools Teachers Association on behalf of all persons employed by the employer as teachers.

[3] The agreement will commence operation from 1 July 2004 and remain in force until 30 June 2007.

[4] 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;

(f) in terms of s.61J(1)(d) of the Act, there is no reason to believe the agreement was made under duress; and

(g) 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)."

 

James P McAlpine
COMMISSIONER

Appearances:
Mr M Shorter, Michael Shorter and Associates for and on behalf of The Hutchins School Board of Management
Mr R Mecklenburgh for the Tasmanian Independent Schools Teachers Association

Date and place of hearing:
2004
July 9
Launceston