TE1475
TASMANIAN INDUSTRIAL COMMISSION
Warrawee Committee Inc. and Persons employed as Full-Time, Part-Time and Casual (Relief)
[1] This application concerns The Warrawee Women's Shelter Enterprise Agreement 2009. The parties lodged the agreement on 20 October 2009 pursuant to s.61H of the Industrial Relations Act 1984. At the hearing of this matter on 10 November 2009, with the parties’ consent, I amended Clause 4 - Duration, of the agreement as lodged. [2] The employer party to the agreement is the Warrawee Committee Inc., 91 Eastland Drive, Ulverstone, Tasmania. The employee parties are the individuals employed in the classes of employment to which the agreement applies; ie full-time, part-time and casual (relief) Shelter Service Coordinators. [3] The agreement will commence operation from 13 October 2009 and remain in force for a period of 5 years. [4] The Registrar waived the necessity for the parties to hold a secret ballot and I satisfied myself having regard to the evidence and materials before me, that:- (a) the agreement contains the matters referred to in s.61E of the Act; (b) 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; (c) 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; (d) in terms of s.61J(1)(d) of the Act, there is no reason to believe the agreement was made under duress; (e) in terms of s.61(J)(1A) and (1B) the agreement does not disadvantage the employees covered by the agreement; and (f) 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 Enterprise Commissioner 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."
Tim Abey
Date and place of hearing: |