TE1467
TASMANIAN INDUSTRIAL COMMISSIONIndustrial Relations Act 1984
and Andrea Wardlaw a person employed as a Secretary/Manager
APPROVAL OF ENTERPRISE AGREEMENT [1] This application concerns the Queen Mary Club (Secretary/Manager) Enterprise Agreement 2009. The parties lodged the agreement on 19 May 2009, pursuant to s.61H of the Industrial Relations Act 1984. [2] The employer party to the agreement is the Queen Mary Club. The employee party is Andrea Wardlaw, employed as Secretary/Manager and to which the agreement applies. [3] The agreement will commence operation from 12 May 2009 and remain in force for a period of three years. [4] At the hearing I satisfied myself that:- (a) the agreement is one made between an employer and an individual person employed in an enterprise pursuant to the provisions of s.61D(1)(d) 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 and (ii) the changes to existing conditions of employment which will result from the agreement taking effect. (d) 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; (e) in terms of s.61J(1)(d) of the Act, there is no reason to believe the agreement was made under duress; (f) in terms of s.61(J)(1A) and (1B) the agreement does not disadvantage the employee covered by the agreement; and (g) 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. [5] 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).”
James P McAlpine Appearances: Date and place of hearing: |