TASMANIAN INDUSTRIAL COMMISSION

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

S E Smith & S J Smith
trading as Buckaneers for Seafood

and

All Persons Employed by Buckaneers for Seafood
[TE1468 of 2009]

BUCKANEERS FOR SEAFOOD ENTERPRISE AGREEMENT 2009

Enterprise Agreement - agreement approved - operative date 28 May 2009 for three years

APPROVAL OF ENTERPRISE AGREEMENT

[1] This application concerns the Buckaneers for Seafood Enterprise Agreement 2009.  The parties lodged the agreement on 11 August 2009 pursuant to s.61H of the Industrial Relations Act 1984. 

[2] The employer party to the agreement is SE & SJ Smith, trading as Buckaneers for Seafood. The employee parties are the individuals employed in the classes of employment to which the agreement applies; i.e classifications in the Restaurant Keepers Award or any other award deemed to apply.

[3] The agreement will commence operation from 28 May 2009 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;

(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:-

(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."

Tim Abey
COMMISSIONER

Appearances:
Mr N Adams, of the Tasmanian Chamber of Commerce and Industry Limited, with Mr J Smith and Mrs S Smith, for Buckaneers for Seafood
Mrs A Hansen, an employee of Buckaneers for Seafood, for all employees

Date and place of hearing:
2009
August 25
Ulverstone