TE1366
TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Tasmanian Pitt Water Oysters Pty Ltd and Persons employed as Shellfish Farm Attendants on a full-time, part-time, seasonal and casual basis TASMANIAN PITT WATER OYSTERS PTY LTD ENTERPRISE AGREEMENT 2004
Enterprise Agreement - agreement approved - operative 1 August 2004 for a period of four years APPROVAL OF ENTERPRISE AGREEMENT [1] This application concerns the Tasmanian Pitt Water Oysters Pty Ltd Enterprise Agreement 2004. The parties lodged the agreement on 6 October 2004 pursuant to s.61H of the Industrial Relations Act 1984. [2] The employer party to the agreement is Tasmanian Pitt Water Oysters Pty Ltd. The employee party are the persons employed as Shellfish Farm Attendants on a full-time, part-time, seasonal and casual basis. [3] The agreement will commence operation from 1 August 2004 and remain in force for a period of four 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;
(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:
James P McAlpine Appearances: Date and place of hearing: |