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Tasmanian Industrial Commission

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TE1473

TASMANIAN INDUSTRIAL COMMISSION

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


Woodbridge Online Access Centre

and

Kim Deane
[TE1473 of 2009]

WOODBRIDGE ONLINE ACCESS CENTRE ENTERPRISE AGREEMENT

DEPUTY PRESIDENT P C SHELLEY

HOBART, 29 October 2009

Enterprise Agreement - agreement approved - operative 28/10/09 - 28/10/10

APPROVAL OF ENTERPRISE AGREEMENT

[1] This application concerns the Woodbridge Online Access Centre Enterprise Agreement.  The parties lodged the agreement on 15 September 2009 pursuant to s.61H of the Industrial Relations Act 1984.  The matter was first heard on 12 October and then adjourned until 28 October 2009.  At the hearing of this matter on the latter date with the parties’ consent, I amended Clauses 7 - Wage Rates and 13 - Holidays With Pay of the agreement as lodged.

[2] The employer party to the agreement is Woodbridge Online Access Centre.  The employee party is Kim Deane, the part-time On-Line Access Centre Co-ordinator.

[3] The agreement will commence operation from 28 October 2009 and remain in force for a period of twelve months.

[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) the agreement does not disadvantage the employees 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).”

 

 

P C Shelley
DEPUTY PRESIDENT

Appearances:
Mrs Kim Deane
Dr Tom Higgins

Date and place of hearing:
October 12 and 28
2009
Hobart