TASMANIAN INDUSTRIAL COMMISSION

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

Association for Christian Parent-Controlled Schools (L'ton) Inc.

and

Tasmanian Independent Schools Teachers Association
(TE1417 of 2005)

LAUNCESTON CHRISTIAN SCHOOL TEACHING STAFF
ENTERPRISE AGREEMENT 2005-2007

Enterprise Agreement - agreement approved - operative 11 November 2005 until 31 July 2008

APPROVAL OF ENTERPRISE AGREEMENT

(1) This application concerns the Launceston Christian School Teaching Staff Enterprise Agreement 2005-2007. The parties lodged the agreement on 30 September 2005 pursuant to s.61H of the Industrial Relations Act 1984. At the hearing of this matter on 18 October 2005, with the parties' consent, I amended Clauses 6 - Date and Period of Operation and 17 - Bereavement Leave of the agreement as lodged.

(2) The employer party to the agreement is the Association of Christian Parent-Controlled Schools (L'ton) Inc. The employee party is the Tasmanian Independent Schools Teachers Association on behalf of all persons employed by the employer as teachers within the scope of the Independent Schools Teachers) Tasmania Award

(3) The agreement will commence operation from 11 November 2005 and remain in force until 31 July 2008.

(4) At the hearing of this matter I satisfied myself that:-

(a) the agreement is one made between an employer and an employee organisation pursuant to the provisions of s.61D(1)(a) 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;

(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;

(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)."

 

P C Shelley
DEPUTY PRESIDENT

Appearances:
Mr R Mecklenburgh for the Tasmanian Independent Schools Teachers Association with Mr E Moroni
Mr M Shorter for the Association for Christian Parent-Controlled Schools (L'ton) Inc. with Mr E Hofsink and Mr R Vos

Date and place of hearing:
2005
October 18
Launceston