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Tasmanian Industrial Commission

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TE1374

 

TASMANIAN INDUSTRIAL COMMISSION

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

Gary and Patricia Bishop
t/a Avoca Roadhouse

and

Dearne Reynolds or any other full-time Roadhouse Employee
covered by this Agreement

(TE1374 of 2004)

THE AVOCA ROADHOUSE ENTERPRISE AGREEMENT

 

DEPUTY PRESIDENT P C SHELLEY

HOBART, 21 January 2005

Enterprise Agreement - agreement approved - operative 1 January 2005 for a period of five years

APPROVAL OF ENTERPRISE AGREEMENT

(1) This application concerns the Avoca Roadhouse Enterprise Agreement. The parties lodged the agreement on 8 December 2004 pursuant to s.61H of the Industrial Relations Act 1984. At the hearing of this matter on 17 January 2005, with the parties' consent, a new Clause 10 - Loading was inserted into the agreement as lodged.

(2) The employer parties to the agreement are Gary and Patricia Bishop t/a Avoca Roadhouse. The employee party is Dearne Reynolds or any other full-time Roadhouse Employee covered by this Agreement. The enterprise is a restaurant and petrol outlet business.

(3) The agreement will commence operation from 1 January 2005 and remain in force for a period of five years.

(4) At the hearing I satisfied myself that:-

    (a) the agreement is one made between an employer and an individual person 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) the employee is 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 and (ii) the changes to existing conditions of employment which will result from the agreement taking effect.

(e) 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;

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

(g) in terms of s.61J(1)(f) of the Act, there is no reason to believe that 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)."

 

P C Shelley
DEPUTY PRESIDENT

Appearances:
Gary and Patrica Bishop for the Avoca roadhouse
Dearne Reynolds, the employee of Gary and Patricia Reynolds t/a the Avoca Roadhouse

Date and place of hearing:
2005
January 17
Avoca