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TASMANIAN INDUSTRIAL COMMISSION
Industrial Relations Act 1984
s.61J - application for the approval of an enterprise agreement
The Official Secretary, as the employer of staff
at Government House, Hobart, Tasmania
and
The staff employed under the Governor of Tasmania Act 1882 as Senior Staff, Office Staff, Domestic Staff, Outdoor Staff and Security Staff
[TE1445 of 2006]
THE GOVERNOR OF TASMANIA STAFF ENTERPRISE AGREEMENT 2006
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DEPUTY PRESIDENT P C SHELLEY
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HOBART, 10 July 2006
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Enterprise Agreement - agreement approved - operative 11 March 2006 for a period of three years
APPROVAL OF ENTERPRISE AGREEMENT
[1] This application concerns the Governor of Tasmania Staff Enterprise Agreement 2006. The parties lodged the agreement on 15 June 2006 pursuant to s.61H of the Industrial Relations Act 1984. At the hearing of this matter on 10 July 2006, with the parties' consent, Clauses 11 - Shoe and Stocking Allowance and 19 - Redundancy of the agreement as lodged were amended.
[2] The employer party to the agreement is the Official Secretary, as the employer of staff at Government House, Hobart, Tasmania. The employee parties are the individuals employed in the classes of employment to which the agreement applies; i.e staff employed under the Governor of Tasmania Act 1982 as Senior Staff, Office Staff, Domestic Staff, Outdoor Staff and Security Staff
[3] The agreement will commence operation from 11 March 2006 and will remain in force for a period of three years.
[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:
Jane Fitton representing the Official Secretary, as the employer of staff at Government House, Hobart, Tasmania
Ms J Bromfield, Mr W Cranefield and Ms J Cherrie representing themselves and staff employed under the Governor of Tasmania Act 1982 as Senior Staff, Office Staff, Domestic Staff, Outdoor Staff and Security Staff
Date and place of hearing:
2006
July 10
Hobart
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