TASMANIAN INDUSTRIAL COMMISSION

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

Malcolm Ian Weeding t/a Triabunna Takeaway

and

Persons employed as Food and Beverage Service Employees
[TE1454 of 2008]

TRIABUNNA TAKEAWAY ENTERPRISE AGREEMENT 2008

Enterprise Agreement – agreement amended - agreement approved - operative 27 February 2008 – to remain in force for a period of 3 years

CORRECTION

[1]         This application concerns the Triabunna Takeaway Enterprise Agreement 2008.

[2]         The ‘Approval of Enterprise Agreement’ dated 19 March 2008 contained typographical errors at paragraph 4, and should have read as follows:

“(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)   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;

(c)   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;

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

(e)   in terms of s61J(1A) and (1B) the agreement does not disadvantage the employees covered by the agreement; 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.”

[3]         And I so determine.

James P McAlpine
Commissioner