TASMANIAN INDUSTRIAL COMMISSION

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

Corumbene Nursing Home for the Aged inc.

and

Employees described in Clause 3 - Application
(TE1403 of 2005)

CORUMBENE COMMUNITY AND HOME CARE ENTERPRISE AGREEMENT 2005

Enterprise Agreement - agreement approved - operative 30 May 2005 for a period of two years

APPROVAL OF ENTERPRISE AGREEMENT

(1) This application concerns the Corumbene Community and Home Care Enterprise Agreement 2005. The parties lodged the agreement on 27 May 2005 pursuant to s.61H of the Industrial Relations Act 1984. At the hearing of this matter on 17 June 2005, Mr M Watson of the Tasmanian Chamber of Commerce and Industry Limited appeared with Mr G Plunkett, the Administration Manager of Corumbene Nursing Home Inc. Ms C Webster and Ms J Marshall appeared for the employees.

(2) The employer party to the agreement is Corumbene Nursing Home Inc. The employee parties are the individuals employed in the classes of employment to which the agreement applies; i.e community and home care program carers, domestics and home and grounds maintenance employees in accordance with the Corumbene Community and Home Care Program.

(3) The agreement will commence operation from 30 May 2005 and remain in force for a period of two years.

(4) 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 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 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."

 

P C Shelley
DEPUTY PRESIDENT

Appearances:
Mr M Watson of the Tasmanian Chamber of Commerce and Industry Limited with Mr G Plunkett for Corumbene Nursing Home Inc
Ms J Marshall and Ms C Webster for themselves and on behalf of employees of Corumbene Nursing Home Inc

Date and place of hearing:
Hobart
June 17
Hobart