TASMANIAN INDUSTRIAL COMMISSION

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

Graham G Gane and Sharee G Burgess
trading as Gane's Marine Towing Service

and

The Full-Time or Casual Employees employed as Casual Deck Hand, Deckhand, Casual Skipper and Skipper
[TE1358 of 2004]

THE GANE'S MARINE TOWING SERVICE ENTERPRISE AGREEMENT 2004

Enterprise Agreement - agreement approved - operative 9 August 2004 - 3 years

APPROVAL OF ENTERPRISE AGREEMENT

[1] This application concerns The Gane's Marine Towing Service Enterprise Agreement 2004. The parties lodged the agreement on 2 August 2004 pursuant to s.61H of the Industrial Relations Act 1984. At the hearing of this matter on 3 September 2004, with the parties' consent, I amended Clause 8 - Wage Rates, of the agreement as lodged.

[2] The employer party to the agreement is Graham G Gane and Sharee G Burgess trading as Gane's Marine Towing Service. The employee parties are the individuals employed in the classes of employment to which the agreement applies; i.e Casual Deck Hand, Deckhand, Casual Skipper and Skipper. The enterprise is the employer's marine towing business at Geeveston in Tasmania.

[3] The agreement will commence operation from 9 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 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 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 J Evans, as agent for Graham G Gane and Sharee G Burgess trading as Gane's Marine Towing Service, with Ms S Burgess.
Mr B Carver, for himself, an employee of Graham G Gane and Sharee G Burgess trading as Gane's Marine Towing Service.

Date and place of hearing:
2004
September 3
Geeveston