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Tasmanian Industrial Commission

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TE1356

 

TASMANIAN INDUSTRIAL COMMISSION

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

Far South Community Association Inc

and

Gregory John Clark, the Part-time Access Centre Coordinator
[TE1356 of 2004]

DOVER ONLINE ACCESS CENTRE ENTERPRISE AGREEMENT

 

COMMISSIONER T J ABEY

HOBART, 17 August 2004

Enterprise Agreement - agreement approved - operative 17/8/04 - 3 years

APPROVAL OF ENTERPRISE AGREEMENT

[1] This application concerns the Dover Online Access Centre Enterprise Agreement. The parties lodged the agreement on 27 July 2004 pursuant to s.61H of the Industrial Relations Act 1984.

[2] The employer party to the agreement is the Far South Community Association Inc. The employee party is Gregory John Clark, the Part-time Access Centre Coordinator.

[3] The agreement will commence operation from 17 August 2004 and remain in force for a period of 3 years.

[4] At the hearing I satisfied myself that:

    (a) the agreement is one made between an employer and an individual person 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) the conditions of employment fixed by the agreement, where relevant, are not less than the minimum conditions of employment set out in s.61F of the Act;

    (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 and (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 that 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)."

 

Tim Abey
COMMISSIONER

Appearances:
Mr R Rollins, of Tasmanian Chamber of Commerce and Industry Limited, as agent, with Ms D Paramour and Ms B Renner, for the Far South Community Association Inc
Mr G J Clark, employee of Far South Community Association Inc.

Date and place of hearing:
2004
August 17
Dover