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Tasmanian Industrial Commission

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TE1372

 

TASMANIAN INDUSTRIAL COMMISSION

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

The Management Committee, The Channel Enterprise (Inc)

and

Persons employed as Part-time Access Centre Co-ordinators
[TE1372 of 2004]

WOODBRIDGE ONLINE ACCESS CENTRE ENTERPRISE AGREEMENT

 

COMMISSIONER JP McALPINE

HOBART, 8 February 2005

Enterprise Agreement - agreement approved - operative 8 February 2005 - to remain in force for a period of 12 months

APPROVAL OF ENTERPRISE AGREEMENT

[1] This application concerns the Woodbridge Online Access Centre Enterprise Agreement. The parties lodged the agreement on 8 November 2004 pursuant to s.61H of the Industrial Relations Act 1984. The matter was set down for hearing on 16 December 2004. However, at the request of the parties, this was subsequently changed to 18 January 2005, and again to 8 February 2005.

[2] The parties to the agreement are: The Management Committee, The Channel Enterprise (Inc) (the employer) and the employee parties are the individuals employed in the classes of employment to which the agreement applies; i.e. Part-time Access Centre Co-ordinators. The enterprise is the employer's community development activities business at West Winds Community Centre, 3528 Channel Highway, Woodbridge in Tasmania.

[3] The agreement will commence operation from 8 February 2005 and remain in force for a period of 12 months.

[4] At the hearing of this matter I satisfied myself that:

    (a) the agreement is one made between an employer and individual persons employed in an enterprise pursuant to the provisions of s.61D(1)(d) of the Act;

    (b) the agreement contains the matters referred to in s.61E 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;

      (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 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)."

 

James P McAlpine
COMMISSIONER

Appearances:
Mr Rod Barwick for The Management Committee, The Channel Enterprise (Inc)
Ms Christine Gilewicz representing herself, and being an employee of The Management Committee, The Channel Enterprise (Inc)

Date and place of hearing:
2005
February 8
Hobart