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TASMANIAN INDUSTRIAL COMMISSION
Industrial Relations Act 1984
s.61J - application for the approval of an enterprise agreement between
The Family Based Care Association North West Inc.
and
An Employee Committee formed to Represent Persons Employed in the Enterprise
[TE 1440 of 2006]
THE FAMILY BASED CARE NORTH WEST SUPPORT STAFF ENTERPRISE AGREEMENT 2006
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COMMISSIONER JP McALPINE
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HOBART, 29 May 2006
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Enterprise Agreement - agreement approved - operative ffpp 8 January 2006 - for a period of 3 years
APPROVAL OF ENTERPRISE AGREEMENT
[1] This application concerns The Family Based Care North West Support Staff Enterprise Agreement 2006. The parties lodged the agreement on 10 April 2006 pursuant to s.61H of the Industrial Relations Act 1984.
[2] The employer party to the agreement is The Family Based Care Association North West Inc. The employee parties are the individuals employed in the classes of employment to which the agreement applies; i.e support staff employees.
[3] The agreement will commence operation from the first full pay period to commence on or after 8 January 2006 and remain in for a period of three years.
[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) 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 s.61(J)(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 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 S Cornish, Tasmanian Chamber of Commerce and Industry Limited, for The Family Based Care Association North West Inc.
Laviena Ellen Johnson for herself and on behalf of Fiona Anderson, Cheryl Rose Schuuring, Justin Wayne Tippett and Judy Radford, the employee committee, elected to represent employees employed at The Family Based Care Association North West Inc.
Julie Crisp, Vicky Gilmore, Tanya Maxwell, and Wendy Elaine Walmsley, the employee committee, elected to represent employees employed at The Family Based Care Association North West Inc.
Date and place of hearing:
2006
May 25
Ulverstone
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