Department of Justice

Tasmanian Industrial Commission

www.tas.gov.au
Contact  |  Accessibility  |  Disclaimer

TE1398

 

TASMANIAN INDUSTRIAL COMMISSION

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

Australian Liquor Marketers Pty Ltd

and

National Union of Workers (Central Branch)
[TE 1398 of 2005]

AUSTRALIAN LIQUOR MARKETERS (TASMANIA) AND NATIONAL UNION OF WORKERS WAREHOUSING AGREEMENT 2005

 

COMMISSIONER JP McALPINE

HOBART, 3 May 2005

Enterprise Agreement - agreement approved - operative ffpp on or after 1 March 2005 - to remain in force until 30 April 2008

APPROVAL OF ENTERPRISE AGREEMENT

This application concerns the Australian Liquor Marketers (Tasmania) and National Union of Workers Warehousing Agreement 2005. The parties lodged the agreement on 20 April 2005 pursuant to s.61H of the Industrial Relations Act 1984.

At the hearing of this matter on 3 May 2005, and with the parties' consent, I amended Clauses 1, 4, 10, 11, 17, 18, 21, 36 and 37 of the agreement as lodged.

The employer party to the agreement is Australian Liquor Marketers Pty Ltd. The employee party is the National Union of Workers (Central Branch) representing employees employed at 17 Pitcairn Street, Glenorchy, Tasmania 7009 and 31 Tasman Highway, Waverley, Tasmania 7250 in the classes of employment to which the agreement applies; i.e warehouse persons.

The agreement will commence operation from the first full pay period on or after 1 March 2005 and remain in force until 30 April 2008.

At the hearing of this matter 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 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;

    (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;

    (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.

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."

 

James P McAlpine
COMMISSIONER

Appearances:
Mr B Bolitho with Mr M Troman for the National Union of Workers (Central Branch)
Mr R Dobson for Australian Liquor Marketers Pty Ltd

Date and place of hearing:
2005
May 3
Hobart