TASMANIAN INDUSTRIAL COMMISSION

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

B M Harman and S M Stone trading as & S Harman Tractor Hire

and

Employees engaged by the employer from time to time for whom classifications appear in this Agreement who are employed in Tasmania
(TE1466 of 2009)

B & S HARMAN TRACTOR HIRE EMPLOYEE COLLECTIVE AGREEMENT 2009

 
Enterprise Agreement - agreement approved - operative 27 May 2009 for five years

APPROVAL OF ENTERPRISE AGREEMENT

[1] This application concerns the B & S Harman Tractor Hire Employee Collective Agreement 2009. The parties lodged the agreement on 20 May 2009 pursuant to s.61H of the Industrial Relations Act 1984.

[2] The employer party to the agreement is B M Harman and S M Stone trading as B & S Harman Tractor Hire, 430 Staverton Road, Roland Tasmania 7306. The employee parties are the employees engaged by the employer from time to time for whom classifications appear in this Agreement and who are employed in Tasmania.

[3] The agreement will commence operation from 27 May 2009 and shall remain in force for a period of five 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) 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:-

Tim Abey
COMMISSIONER

Appearances:
Ms C de Schipper, of the Tasmanian Chamber of Commerce and Industry Limited, for B M Harman and S M Stone trading as B & S Harman Tractor Hire
Mr S Crack, an employee of B M Harman and S M Stone trading as B & S Harman Tractor Hire

Date and place of hearing:
2009
May 27
Ulverstone