TASMANIAN INDUSTRIAL COMMISSION

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

Ouse Online Community Access Centre Incorporated

and

Persons employed as Part-time Access Centre Co-ordinators
[TE1354 of 2004]

OUSE ONLINE COMMUNITY ACCESS CENTRE ENTERPRISE AGREEMENT

Enterprise Agreement - agreement approved - operative 10 August 2004 - until 31 August 2005

APPROVAL OF ENTERPRISE AGREEMENT

[1] This application concerns the Ouse Online Community Access Centre Enterprise Agreement. The parties lodged the agreement on 26 July 2004 pursuant to s.61H of the Industrial Relations Act 1984.

[2] The parties to the agreement are: the Ouse Online Community Access Centre Incorporated (the employer) and the employee parties are the individuals employed in the classes of employment to which the agreement applies; i.e. Part-time Access Centre Co-ordinators. The enterprise is the employer's community development activities business at Ouse in Tasmania.

[3] The agreement will commence operation from 10 August 2004 and remain in force until 31 August 2005.

[4] At the hearing of this matter, which with the parties consent I conducted by way of teleconference, I satisfied myself that:

(a) the agreement is one made between an employer and individual persons employed in an enterprise pursuant to the provisions of s.61D(1)(d) of the Act;

(b) the agreement contains the matters referred to in s.61E of the Act;

(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 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:
Ms P Chapman for the Ouse Online Community Access Centre Incorporated
Ms D Poulton and Mrs A Jones representing themselves, and being employees of the Ouse Online Community Access Centre Incorporated

Date and place of hearing:
2004
August 10
Hobart/Ouse