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TASMANIAN INDUSTRIAL COMMISSION
Industrial Relations Act 1984
s.61J - application for the approval of an enterprise agreement
McLean McKenzie & Topfer
and
Mrs Beverley Constance Tobin, and any other adult person
employed as a casual cleaning employee
[TE1447 of 2006]
THE MCLEAN MCKENZIE & TOPFER (CASUAL CLEANING)
ENTERPRISE AGREEMENT 2006
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COMMISSIONER T J ABEY
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HOBART, 28 September 2006
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Enterprise Agreement - agreement approved - operative 5 November 2006 - for a period of 5 years
APPROVAL OF ENTERPRISE AGREEMENT
[1] This application concerns The McLean McKenzie & Topfer (Casual Cleaning) Enterprise Agreement 2006. The parties lodged the agreement on 5 September 2006 pursuant to s.61H of the Industrial Relations Act 1984.
[2] The parties to the agreement are: McLean McKenzie & Topfer, Barristers and Solicitors (the employer), and Mrs Beverley Constance Tobin, and any other adult person employed as a casual cleaning employee. The enterprise is the employer's legal business at 41 Cattley Street, Burnie in Tasmania.
[3] The agreement will commence operation from 5 November 2006 and remain in force for a period of 5 years. The document also noted the parties' shared view that:
"The agreement replaces the McLean Phillips & Bartlett (Casual Cleaning) Enterprise Agreement 2003.
The provisions contained in this agreement refer to and deal with all of the conditions of employment covering the employment relationship between the parties and prevails over all conditions contained in the Miscellaneous Workers Award (the award).
Award provisions not specifically dealt with in this Agreement but excluded from application are specified in clause 12- "Award Provisions Not Applying".
[4] At the hearing I satisfied myself that:
(a) the agreement is one made between an employer and an individual person employed in an enterprise pursuant to the provisions of s.61D(1)(d) 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) 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;
(e) in terms of s.61J(1)(d) of the Act, there is no reason to believe the agreement was made under duress;
(f) in terms of s.61(J)(1A) and (1B) the agreement does not disadvantage the employees covered by the agreement; and
(g) 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 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
COMMISSIONER
Appearances:
Mr K Tobin, General Manager, McLean McKenzie & Topfer, Barristers & Solicitors
Mrs B C Tobin, an employee of McLean McKenzie & Topfer, Barristers and Solicitors
Date and place of hearing:
2006
September 28
Hobart (by telephone to Burnie)
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