TE1454
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TASMANIAN INDUSTRIAL COMMISSION
Industrial Relations Act 1984
Malcolm Ian Weeding t/a Triabunna Takeaway
and
Persons employed as Food and Beverage Service Employees
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
APPROVAL OF ENTERPRISE AGREEMENT
[1] This application concerns the Triabunna Takeaway Enterprise Agreement 2008 (as amended). Mr J Graham, Searson Buck Pty Ltd, on behalf of the parties, lodged the agreement on 13 February 2008 pursuant to s.61H of the Industrial Relations Act 1984. At the hearing of this matter on 27 February 2008, with the parties’ consent, I amended Clause 1 – Title, Clause 5 – Term of the Agreement and varied the formatting to Clause 16 - Personal Leave as lodged.
[2] The employer party to the agreement is Malcolm Ian Weeding t/a Triabunna Takeaway of 23 Vicary Street, Triabunna, Tasmania. The employee parties are the individuals employed in the classes of employment to which the agreement applies; ie Food and Beverage Service Employees.
[3] The agreement will commence operation on and from 27 February 2008 and remain in force for a period of three 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;
(h) in terms of s61J(1A) and (1B) the agreement does not disadvantage the employees covered by the agreement; and
(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
Appearances:
Date and place of hearing: |