TASMANIAN INDUSTRIAL COMMISSION

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

Ron Gee Enterprises Pty Ltd

and

Persons employed as C13, C12, C11 and C10 Employees
[TE1363 of 2004]

RON GEE ENTERPRISES ZINIFEX HOBART SMELTER SITE AGREEMENT 2004

Enterprise Agreement - agreement approved - operative 22 October 2004 for a period of three years

APPROVAL OF ENTERPRISE AGREEMENT

[1] This application concerns the Ron Gee Enterprises Zinifex Hobart Smelter Site Agreement 2004. The parties lodged the agreement on 1 October 2004 pursuant to s.61H of the Industrial Relations Act 1984. At the hearing of this matter, and with the consent of the parties, I amended Clauses 4, 5, 10, 15, 20 and 30 of the agreement.

[2] The employer party to the agreement is Ron Gee Enterprises Pty Ltd. The employee party are the persons employed as C13, C12, C11 and C10 Employees.

[3] The agreement will commence operation from 22 October 2004 and remain in force for a period of three years.

[4] At the hearing, I satisfied myself that:

(a) at least 60% of the persons employed in the enterprise in the one or more classes of employment to which the agreement is to apply approved the agreement in a secret ballot, pursuant to the provisions of s.61D(2) 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; and (iii) that they were provided with written statements to that effect at least two weeks before the ballot to approve the agreement;

(e) the parties conducted the secret ballots required in relation to the agreement in accordance with the requirements of s.61ZD(1) of the Act;

(f) 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.

[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).

(3) If the parties to an enterprise agreement (other than the employer) include individuals or an employee committee, notice of withdrawal from the agreement by those parties may only be given if at least 60% of the persons employed in the enterprise in the one or more classes of employment to which the agreement is to apply agree to it."

 

James P McAlpine
COMMISSIONER

Appearances:
Mr WJ FitzGerald, Australian Mines and Metals Association (Incorporated) for Ron Gee Enterprises Pty Ltd
Andrew J McCarthy for himself and for and on behalf of Ross Barwick, Donald V Williams, Kai J Wagner, Matthew L Bailey and Jason G Pearce being employees of Ron Gee Enterprises Pty Ltd
Peter J Farrow and Patrick C McArthur for themselves, being employees of Ron Gee Enterprises Pty Ltd

Date and place of hearing:
2004
October 22
Hobart