TASMANIAN INDUSTRIAL COMMISSION

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

D A Patullo
t/a Eastern Shore Veterinary Hospital

and

Persons employed as Veterinary Nurses
(TE1370 of 2004)

THE EASTERN SHORE VETERINARY HOSPITAL ENTERPRISE
AGREEMENT 2004

Enterprise Agreement - agreement approved - operative 17 November 2004 for a period of five years

APPROVAL OF ENTERPRISE AGREEMENT

(1) This application concerns the Eastern Shore Veterinary Hospital Enterprise Agreement 2004. The parties lodged the agreement on 26 October 2004 pursuant to s.61H of the Industrial Relations Act 1984. A hearing was convened at the Commonwealth Law Courts, 39-41 Davey Street, Hobart on Wednesday 17 November 2004 at 2.30 pm.

(2) The employer party to the agreement is D A Patullo t/a Eastern Shore Veterinary Hospital. The employee parties are the individuals employed in the classes of employment to which the agreement applies; i.e veterinary nurses.

(3) The agreement will commence operation from 17 November 2004 and remain in force for a period of five years.

(4) The Registrar waived the necessity for the parties to hold a secret ballot and 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 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;

(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; (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;

(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).

(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:
Mr J Evans and Mrs D Pattullo for D A Patullo t/a Eastern Shore Veterinary Hospital
Ms B Williams, Ms S Clark and Ms K Ralph, employees of D A Patullo t/a Eastern Shore Veterinary Hospital

Date and place of hearing:
2004
November 17
Hobart