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Tasmanian Industrial Commission

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TE1462

TASMANIAN INDUSTRIAL COMMISSION

 

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

 

A J Liley and R L Liley trading as Southern Property Maintenance

 

and

 

All employees of the employer whose employment
will be affected by the agreement
(TE1462 of 2008)

 

Southern Property Maintenance Enterprise Agreement 2009

 

Deputy President P C Shelley

HOBART, 23 February 2009

 

Enterprise Agreement - agreement approved - operative 19 January 2009 for a period of five years

 

APPROVAL OF ENTERPRISE AGREEMENT

 

(1) This application concerns the Southern Property Maintenance Enterprise Agreement 2009. The parties lodged the agreement on 18 December 2008 pursuant to s.61H of the Industrial Relations Act 1984. This matter was heard on 19 January 2009 at the Edward Braddon Commonwealth Law Courts Building, 39-41 Davey Street, Hobart.

 

(2) The employer party to the agreement is A J Liley and R L Liley trading as Southern Property Maintenance. The employee parties are All employees of the employer whose employment will be affected by the agreement. At the hearing, Clauses 1 – Title, 5 – Terms of the Agreement, 12.2 – Wages Review and 17 – Parental Leave – were amended.

 

(3) The agreement will commence operation from 19 January 2009 and remain in force for a period of five years.  There will be a review to be held between the parties after twelve months.

 

(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 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;

 

(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; and

(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."

 

 

 

 

 

P C Shelley

Deputy President

 

Appearances:
Mr J Graham and Mr D Cairns of Searson Buck with Mrs R Liley for the employer
Mrs D Webster representing the employees

 

Date and place of hearing:
2009
January 19
Hobart