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TASMANIAN INDUSTRIAL COMMISSION
Industrial Relations Act 1984
s.61J - application for the approval of an enterprise agreement
O'Brien Joinery Pty Ltd
and
Employees of various trades who work on joinery work, manufacture and installation of kitchens and bathrooms in the commercial and residential building sector
[TE1434 of 2006]
O'BRIEN JOINERY ENTERPRISE BARGAINING AGREEMENT 2006-2011
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DEPUTY PRESIDENT P C SHELLEY
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HOBART, 6 April 2006
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Enterprise Agreement - agreement approved - operative 3 April 2006 until 3 April 2011
APPROVAL OF ENTERPRISE AGREEMENT
[1] This application concerns the O'Brien Joinery Enterprise Bargaining Agreement 2006-2011 Enterprise Agreement. The parties lodged the agreement on 16 March 2006 pursuant to s.61H of the Industrial Relations Act 1984. At the hearing of this matter on 3 April 2006, with the parties' consent, I amended Clauses 9.3 - Termination of Employment, 12.5 - Stand Down and Appendix A of the agreement as lodged.
[2] The employer party to the agreement is O'Brien Joinery Pty Ltd. The employee parties are the individuals employed in the classes of employment to which the agreement applies; i.e employees of various trades who work on joinery work, manufacture and installation of kitchens and bathrooms in the commercial and residential building sector.
[3] The agreement will commence operation from 3 April 2006 and remain in force until 3 April 2011.
[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) 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;
(d) the parties conducted the secret ballots required in relation to the agreement in accordance with the requirements of s.61ZD(1) of the Act;
(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;
(f) in terms of s.61J(1)(d) of the Act, there is no reason to believe the agreement was made under duress;
(g) in terms of s61J(1A) and (1B) the agreement does not disadvantage the employees covered by the agreement; 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 J Graham representing O'Brien Joinery Pty Ltd
Tim O'Brien, Ben Hart and Oliver Burke for and on behalf of employees of O'Brien Joinery Pty Ltd
Date and place of hearing:
2006
April 3
Hobart
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