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TASMANIAN INDUSTRIAL COMMISSION
Industrial Relations Act 1984
s.61J - application for the approval of an enterprise agreement
Kelvin and Rebecca Leah Davis
trading as Shaker's
and
All employees of the employer
(TE1452 of 2007)
SHAKER'S ENTERPRISE AGREEMENT 2007-2010
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DEPUTY PRESIDENT P C SHELLEY
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HOBART, 20 December 2007
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Enterprise Agreement - agreement approved - operative 17/12/07 for a period of three years
APPROVAL OF ENTERPRISE AGREEMENT
(1) This application concerns the Shaker's Enterprise Agreement 2007-2010. The parties lodged the agreement on 27 November 2007 pursuant to s.61H of the Industrial Relations Act 1984. The matter was part heard on 3 December 2007. The parties agreed to adjourn until 17 December 2007.
(2) The employer party to the agreement is Kelvin and Rebecca Leah Davis trading as Shaker's. The employee parties are all employees of the employer whose employment will be affected by this agreement.
(3) The agreement will commence operation from 17 December 2007 and remain in force for a period of three years.
(4) The Registrar waived the necessity for the parties to hold a secret ballot and I satisfied myself having regard to the evidence and materials before me, that:-
(a) the agreement contains the matters referred to in s.61E of the Act;
(b) the conditions of employment fixed by the agreement, where relevant, are not less than the minimum conditions of employment set out in s.61F 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 hearing 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; and
(f) 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 Enterprise Commissioner 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:
Mr J Graham of Searson Buck for Kelvin and Rebecca Leah Davis trading as Shaker's on 3 November 2007
Mr K Davis representing himself on 17 November 2007
Louise Dolley, Lynn Burgan, Fae Marshall and Sharon Barker, employees of Shaker's
Date and place of hearing:
2007
December 3 and 17
Exeter
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