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Tasmanian Industrial Commission

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TE1402

 

TASMANIAN INDUSTRIAL COMMISSION

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

St Michael's Collegiate School

and

An Employee Committee formed to Represent Persons employed by the employer within the scope of the Independent Schools (Non Teaching Staff) Award
[TE 1402 of 2005]

ST MICHAEL'S COLLEGIATE SCHOOL (NON TEACHING STAFF) ENTERPRISE BARGAINING AGREEMENT 2004

 

COMMISSIONER JP McALPINE

HOBART, 23 June 2005

Enterprise Agreement - agreement approved - operative 1 January 2004 - to remain in force until 31 December 2006

APPROVAL OF ENTERPRISE AGREEMENT

[1] This application concerns the St Michael's Collegiate School (Non Teaching Staff) Enterprise Bargaining Agreement 2004. The parties lodged the agreement on 25 May 2005 pursuant to s.61H of the Industrial Relations Act 1984.

[2] The employer party to the agreement is St Michael's Collegiate School. The employee parties are the persons employed by the employer within the scope of the Independent Schools (Non Teaching Staff) Award to which the agreement applies; i.e School Service Employees.

[3] The agreement will commence operation from 1 January 2004 and remain in force until 31 December 2006.

[4] At a 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 employees are 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; (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 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 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 I Weir for St Michael's Collegiate School
Mr P Tullgren for the Employee Committee with Mr D Bessell and Mr G Granger Committee Members

Date and place of hearing:
2005
June 23
Hobart