TASMANIAN INDUSTRIAL COMMISSION

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

Delanty FamilyTrust
trading as East Coast Freight

and

Darren Wilson
[TE1382 of 2005]

EAST COAST TRANSPORT ENTERPRISE BARGAINING AGREEMENT 2005-2010

Enterprise Agreement - agreement approved - operative 17 March 2005 for a period of five years

APPROVAL OF ENTERPRISE AGREEMENT

(1) This application concerns the East Coast Transport Enterprise Bargaining Agreement 2005-2010. The parties lodged the agreement on 10 February 2005 pursuant to s.61H of the Industrial Relations Act 1984. At the hearing of this matter on Thursday 17 March 2005, with the parties' consent, I amended Clauses 12 - Superannuation, 14 - Annual Leave, 15 - Sick Leave and 10 - Parental Leave of the agreement as lodged.

(2) The employer party to the agreement is Delanty FamilyTrust trading as East Coast Freight. The employee party is Darren Wilson.

(3) The agreement will commence operation from 17 March 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:
Mr J Graham on behalf of the Delanty FamilyTrust trading as East Coast Freight
Mr D Wilson representing himself

Date and place of hearing:
Hobart
March 17
2005