TE1453

TASMANIAN INDUSTRIAL COMMISSION

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

Tasmanian Aboriginal Centre Inc.

and

Staff in all classes of employment, including staff engaged in the direct provision of services to the Aboriginal Community, and to Clerical, Administrative, Managerial and other support staff
[TE1453 of 2007]

TASMANIAN ABORIGINAL CENTRE INC. ENTERPRISE AGREEMENT 2008

COMMISSIONER T J ABEY

HOBART, 17 January 2008

Enterprise Agreement - agreement approved - operative date 31 January 2008 - 29 November 2011

APPROVAL OF ENTERPRISE AGREEMENT

[1] This application concerns the Tasmanian Aboriginal Centre Inc. Enterprise Agreement 2008. The parties lodged the agreement on 14 December 2007 pursuant to s.61H of the Industrial Relations Act 1984.

[2] The employer party to the agreement is the Tasmanian Aboriginal Centre Inc. The employee parties are the staff in all classes of employment, including staff engaged in the direct provision of services to the Aboriginal Community, and to clerical, administrative, managerial and other support staff.

[3] The agreement will commence operation from 30 January 2008 and remain in force until 29 November 2011.

[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."

Tim Abey
COMMISSIONER

Appearances:
Mr C Mansell for the Tasmanian Aboriginal Centre Inc.
Ms S Maynard, Ms G Wright and Ms D Cook representing all employees of the Tasmanian Aboriginal Centre Inc.
Ms R Foster, representing herself

Date and place of hearing:
2008
January 17
Hobart

This page was last modified on 18th January 2008.