TASMANIAN INDUSTRIAL COMMISSION

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

Index Mineral Processors

and

Construction, Forestry, Mining and Energy Union
(TE1367 of 2004)

INDEX MINERAL PROCESSORS ENTERPRISE AGREEMENT 2004

Enterprise Agreement - agreement approved - operative 16 November 2004 for a period of five years from 1 October 2004

APPROVAL OF ENTERPRISE AGREEMENT

(1) This application concerns the Index Mineral Processors Enterprise Agreement 2004. The parties lodged the agreement on 13 October 2004 pursuant to s.61H of the Industrial Relations Act 1984. At the hearing of this matter on 16 November 2004, with the parties' consent, I amended Clauses 15 - Redundancy and 26 - Personal Leave of the agreement as lodged.

(2) The employer party to the agreement is Index Mineral Processors. The employee party is the Construction, Forestry, Mining and Energy Union in relation to the individuals employed in the classes of employment to which the agreement applies; i.e employees employed in or connection with the treatment, processing, handling and storage of silica sands and the administrationof that enterprise in Tasmania.

(3) The agreement will commence operation from 16 November 2004 and remain in force for a period of five years from 1 October 2004.

(4) At the hearing I satisfied myself having regard to the evidence and materials before me, that:-

(a) the agreement contains the matters referred to in s.61E of the Act;

(b) 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;

(c) 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;

(d) 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;

(e) in terms of s.61J(1)(d) of the Act, there is no reason to believe the agreement was made under duress; and

(f) 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 Enterprise Commissioner within the period referred to in subsection (1)."

 

P C Shelley
DEPUTY PRESIDENT

Appearances:
Mr C Hinds and Mr M Clifford for the Construction, Forestry, Mining and Energy Union
Mr S Cornish of the Tasmanian Chamber of Commerce and Industry Limited with Mr D Collidge of Index Mineral Processors

Date and place of hearing:
2004
November 16
Ulverstone