TE1443
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Minister Administering the State Service Act 2000 and The Association of Professional Engineers, THE DEPARTMENT OF INFRASTRUCTURE, ENERGY AND RESOURCES,
Enterprise Agreement - agreement approved - operative 30/6/04 for 3 years APPROVAL OF ENTERPRISE AGREEMENT [1] This application concerns The Department of Infrastructure, Energy and Resources, Transport Divisions, Professional Engineers (Extension No. 6) Enterprise Agreement 2004. The parties lodged the agreement on 22 June 2004 pursuant to s.61H of the Industrial Relations Act 1984. [2] The parties to the agreement are the Minister Administering the State Service Act 2000 and The Association of Professional Engineers, Scientists and Managers, Australia. [3] Ms Fitton explained that the amended agreement introduced the concept of "deemed equivalent" qualifications in Clause 9. The amended agreement replaced the 2004 agreement1 in its entirety and hence the retrospective operative date. [4] The agreement will commence operation from 30 June 2004 and remain in force for a period of 3 years. [5] 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; (f) in terms of s.61J(1)(d) of the Act, there is no reason to believe the agreement was made under duress; and (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 the agreement is not fair in all the circumstances. [6] 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)."
Tim Abey Appearances: Date and place of hearing:
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