TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.61J - application for the approval of an enterprise agreement

MC & TP Harris trading as Neo Tech Engineering

and

Persons employed as Engineering Technician, Engineering Tradesperson Special Class, Engineering Tradesperson, Engineering/Production Employees and Admin/Clerical Employees - Levels C8 to C14
[TE1451 of 2007]

NEO TECH ENGINEERING ENTERPRISE AGREEMENT 2007

Enterprise Agreement - agreement approved - operative ffpp 20 September 2007 - to remain in force for a period of 5 years

APPROVAL OF ENTERPRISE AGREEMENT

[1] This application concerns the Neo Tech Engineering Enterprise Agreement 2007. The Tasmanian Chamber of Commerce and Industry Limited, on behalf of the parties, lodged the agreement on 19 September 2007 pursuant to s.61H of the Industrial Relations Act 1984.

[2] The employer party to the agreement is MC & TP Harris trading as Neo Tech Engineering, 21 Trevor Street, Ulverstone in Tasmania. The employee parties are the individuals employed in the classes of employment to which the agreement applies; ie Engineering Technician, Engineering Tradesperson Special Class, Engineering Tradesperson, Engineering/Production Employees and Admin/Clerical Employees - Levels C8 to C14.

[3] The agreement will commence operation from the first full pay period to commence on or after 20 September 2007 and remain in force for a period of five 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) 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; and (iii) that they were provided with written statements to that effect at least two weeks before the ballot to approve the agreement;

(e) the parties conducted the secret ballots required in relation to the agreement in accordance with the requirements of s.61ZD(1) of the Act;

(f) 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;

(g) in terms of s.61J(1)(d) of the Act, there is no reason to believe the agreement was made under duress;

(i) 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."

 

James P McAlpine
COMMISSIONER

Appearances:
Mr S Cornish, Tasmanian Chamber of Commerce and Industry Limited, as agent for MC & TP Harris trading as Neo Tech Engineering with Mrs T Harris
Mr S Howard, for himself and for Mr G Young, employees of MC & TP Harris trading as Neo Tech Engineering

Date and place of hearing:
2007
September 20
Ulverstone