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Tasmanian Industrial Commission

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TE1456

TASMANIAN INDUSTRIAL COMMISSION

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

Ouse Online Community Access Centre Incorporated

 and

 Persons employed as Part-time Access Centre Co-ordinators
[TE1456 of 2008]

OUSE ONLINE COMMUNITY ACCESS CENTRE ENTERPRISE AGREEMENT

 

COMMISSIONER T J ABEY

HOBART, 11 September 2008

Enterprise Agreement - agreement approved - operative 1 September 2008 until 31 August 2009

APPROVAL OF ENTERPRISE AGREEMENT

[1] This application concerns the Ouse Online Community Access Centre Enterprise Agreement.The parties lodged the agreement on 27 August 2008 pursuant to s.61H of the Industrial Relations Act 1984.

[2] The parties to the agreement are: the Ouse Online Community Access Centre Incorporated (the employer) and the employee parties are the individuals employed in the classes of employment to which the agreement applies; i.e. Part-time Access Centre Co-ordinators. The enterprise is the employer’s community development activities business at Ouse in Tasmania.

[3] The agreement will commence operation from 1 September 2008 and remain in force until 31 August 2009.

[4] As the number of employees involved is less than five, the Registrar, at the request of the parties, waived the necessity for the parties to hold a secret ballot.

[5] At the hearing of this matter which, with the parties consent, I conducted by way of teleconference, 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 and (ii) the changes to existing conditions of employment which will result from the agreement taking effect.

(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 s.61(J)(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 that the agreement is not fair in all the circumstances.

[6] 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:
Ms P Chapman, Treasurer, for the Ouse Online Community Access Centre Incorporated
Ms D Poulton, being a Part-Time Access Centre Coordinator of the Ouse Online Community Access Centre
Mr S Josey, being a Part-Time Access Centre Coordinator of the Ouse Online Community Access Centre

Date and place of hearing:
2008
September 11
Teleconference Hobart/Ouse