TE1478
TASMANIAN INDUSTRIAL COMMISSION
Industrial Relations Act 1984
s.61J - application for the approval of an enterprise agreement
Official Secretary as the employer of staff at
Government House, Hobart, Tasmania
and
Staff employed at Government House under the Governor of Tasmania Act 1982 as Senior Staff, Office Staff, Domestic Staff, Outdoor Staff and Security Staff
[TE1478 of 2012]
Governor of Tasmania Staff EnteRprise Agreement 2012
DEPUTY PRESIDENT TJ ABEY
HOBART, 13 March 2012
Enterprise Agreement - agreement amended at hearing ¨C agreement approved - operative date 11 March 2012 ¨C operative for a period of 3 years
APPROVAL OF ENTERPRISE AGREEMENT
[1] This application concerns the Governor of Tasmania Staff Enterprise Agreement 2012. The parties lodged the agreement on 6 March 2012 pursuant to s.61H of the Industrial Relations Act 1984.
[2] The employer party to the agreement is the Official Secretary as the employer of staff at Government House, Hobart, Tasmania
[3] The employee parties are staff employed at Government House under the Governor of Tasmania Act 1982 as Senior Staff, Office Staff, Domestic Staff, Outdoor Staff and Security Staff.
[4] The agreement will commence operation from 11 March 2012 and remain in force for a period of three (3) years.
[5] At the hearing, I accepted pursuant to s.61I(7)(a), certain amendments put forward on a consent basis by the parties, and further 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; and
(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.
[6] 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 Registrar 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
Deputy President
Appearances:
Mr C Green (by leave) with Mrs A Parker, Official Secretary as the employer of staff at Government House, Hobart, Tasmania.
Mr W Cranefield, Ms N Fehlberg, Mr S Percival representing staff at Government House
Mr R Flanagan, with Mr K Midson, of the Australian Workers¡¯ Union, Tasmania Branch, representing a number of nominated employees.
Mr M Johnston (intervening) for the Community and Public Sector Union (State Public Services Federation Tasmania) Inc.
Date and place of hearing:
2012
March 8
Hobart