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Tasmanian Industrial Commission

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TE1395

 

TASMANIAN INDUSTRIAL COMMISSION

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

Aquenal Pty Ltd

and

Persons employed as General Manager, Technical Manager, Scientists, Field Supervisors, Laboratory Technicians, Field Technicians, ROV Pilots, Divers, Boat-drivers, Deck-hand, Office Assistants and Cleaners
[TE 1395 of 2005]

AQUENAL ENTERPRISE AGREEMENT 2005

 

COMMISSIONER JP McALPINE

HOBART, 19 May 2005

Enterprise Agreement - agreement approved - operative 17 May 2005 - to remain in force for a period of 3 years

APPROVAL OF ENTERPRISE AGREEMENT

This application concerns the Aquenal Enterprise Agreement 2005. The parties lodged the agreement on 2 March 2005 pursuant to s.61H of the Industrial Relations Act 1984. However, at the hearing on 15 April 2005 the parties were unable to meet the requirement of s.61D(b) of the Act.

A further ballot was conducted on 27 April 2005 and the matter was set down for further hearing on 17 May 2005.

The employer party to the agreement is Aquenal Pty Ltd. The employee parties are the individuals employed in the classes of employment to which the agreement applies; i.e General Manager, Technical Manager, Scientists, Field Supervisors, Laboratory Technicians, Field Technicians, ROV Pilots, Divers, Boat-drivers, Deck-hand, Office Assistants and Cleaners.

At the hearing of this matter on 17 May 2005, and with the parties' consent, I amended Clauses 2 and 9, together with Schedule 2 of the agreement as lodged.

The agreement will commence operation from 17 May 2005 and remain in force for a period of 3 years.

At the hearing, I satisfied myself that:

(a) 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 approved the agreement in a secret ballot, pursuant to the provisions of s.61D(2) of the Act;

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

(c) 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;

(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; (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;

(e) the parties conducted the secret ballots required in relation to the agreement in accordance with the requirements of s.61ZD(1) of the Act;

(f) 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;

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

(h) 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.

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 Registrar 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."

 

James P McAlpine
COMMISSIONER

Appearances:
Mr F Ireland, Ireland Consulting Services Pty Ltd, with Mr D Shields for Aquenal Pty Ltd
Ms K Redburn for herself and on behalf of Ms J Mawbey, Mr R Mawbey, Mr J Dudding, Ms K Parsons, Ms L Lyall, Ms A Hall and Mr D Shields

Date and place of hearing:
2004
April 15
May 17
Hobart