TASMANIAN INDUSTRIAL COMMISSION

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

May Shaw Nursing Home

and

Persons employed as Personal and Home Based Carers
(TE1365 of 2004)

MAY SHAW NURSING HOME (PERSONAL AND HOME BASED CARE)
ENTERPRISE AGREEMENT 2004

Enterprise Agreement - agreement approved - operative 11 November 2004 for a period of two years

APPROVAL OF ENTERPRISE AGREEMENT

(1) This application concerns the May Shaw Nursing Home (Personal and Home Based Csre) Enterprise Agreement 2004. The parties lodged the agreement on 11 October 2004 pursuant to s.61H of the Industrial Relations Act 1984. At the hearing of this matter on 11 November 2004 with the parties' consent, I amended Clause 12 - Wage Rates of the agreement as lodged.

(2) The employer party to the agreement is May Shaw Nursing Home. The employee parties are the individuals employed in the classes of employment to which the agreement applies; i.e personal and home based carers.

(3) The agreement will commence operation from 11 November 2004 and remain in force for a period of two 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."

 

P C Shelley
DEPUTY PRESIDENT

Appearances:
Ms V Holloway on behalf of employees of May Shaw Nursing Home
Ms J Thomas of the Tasmanian Chamber of Commerce and Industry Limited on behalf of May Shaw Nursing Home

Date and place of hearing:
2004
November 11
Swansea