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TASMANIAN INDUSTRIAL COMMISSION
Industrial Relations Act 1984
s.61J - application for the approval of an enterprise agreement
Hardy Wine Company Limited (Bay of Fires)
and
All employees who are classified in accordance with the Wine and Spirit Industry (SA) Award and all employees who are classified in accordance with Appendix A and C of this agreement
(TE1435 of 2006)
THE HARDY WINE COMPANY LIMITED (BAY OF FIRES)
ENTERPRISE AGREEMENT 2005-2008
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DEPUTY PRESIDENT P C SHELLEY
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HOBART, 11 May 2006
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Enterprise Agreement - agreement approved - operative 13 January 2006 until 20 November 2008
APPROVAL OF ENTERPRISE AGREEMENT
[1] This application concerns the Hardy Wine Company Ltd (Bay of Fires) Enterprise Agreement 2005-2008. The parties lodged the agreement on 28 March 2006 pursuant to s.61H of the Industrial Relations Act 1984. This matter was heard on 9 May 2006 at the Supreme Court, Cameron Street, Launceston, Tasmania.
[2] The employer party to the agreement is Hardy Wine Company Limited (Bay of Fires). The employee parties are the individuals employed in the classes of employment to which the agreement applies; i.e all employees who are classified in accordance with the Wine and Spirit Industry (SA) Award and all employees who are classified in accordance with Appendix A and C of this agreement.
[3] The agreement will commence operation from13 January 2006 and remain in force until 20 November 2008.
[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 A Flood and Ms K McIver of the Tasmanian Chamber of Commerce and Industry Limited with Mr F Hulshof, Mr R Merrick and Mr M Rule
Mr N Taylor and Mr G Collier representing themselves
Date and place of hearing:
2006
May 9
Launceston
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