Orica Australia Pty Ltd Kooragang Island Enterprise Agreement 2004 [2004] NSWIRComm 289 (27 September 2004)

Last Updated: 26 October 2004

NEW SOUTH WALES INDUSTRIAL RELATIONS COMMISSION

CITATION : Orica Australia Pty Ltd Kooragang Island Enterprise Agreement 2004 [2004] NSWIRComm 289

FILE NUMBER(S): IRC 5494

HEARING DATE(S): 23/09/2004

EX TEMPORE DATE: 27/09/2004

PARTIES:

Orica Australia Pty Ltd; Australian Workers' Union, New South Wales (AWU), Electrical Trades Union of Australia, New South Wales Branch (ETU); and the Australian Manufacturing Workers' Union (AMWU)

JUDGMENT OF: Harrison DP

LEGAL REPRESENTATIVES

APPLICANT

Mr A Woods

Solicitor

Fisher Cartwright Berriman

RESPONDENTS

Mr M Stoker (AWU)

CASES CITED:

LEGISLATION CITED: Industrial Relations Act 1996

JUDGMENT:

- 2 -

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: HARRISON DP

27 September 2004

Matter No IRC 5494 of 2004

ORICA AUSTRALIA PTY LTD KOORAGANG ISLAND ENTERPRISE AGREEMENT 2004

Application by Orica Australia Pty Ltd for approval of enterprise agreement

DECISION

[2004] NSWIRComm 289

1 This is an application by Orica Australia Pty Ltd ("the Employer") seeking approval of an enterprise agreement between the Employer and the Australian Workers' Union, New South Wales (AWU), the Electrical Trades Union of Australia, New South Wales Branch (ETU) and the Australian Manufacturing Workers' Union (AMWU) ("the Unions").

2 The application was subject to hearing on 23 September 2004. Mr A Woods, solicitor of Fisher Cartwright Berriman, appeared on behalf of the Employer with Mr R Smith. Mr M Stoker of the AWU appeared on behalf of the Unions with Mr D Fulmer.

3 The application is supported by the necessary Statement of Particulars and an affidavit signed by Mr R Smith, Ammonium Nitrates Operations Manager for the Employer, deposing that the agreement complies with all relevant statutory requirements, satisfies the no net detriment test and was not entered into under duress.

4 Mr Woods submitted that the agreement sought results from extensive negotiation between the parties. In commending the agreement for approval, Mr Woods relied upon the application filed and the affidavit of Mr Smith, which he put demonstrate that the agreement meets all legislative requirements, does not lead to any nett detriment to the employees covered, complies with the anti-discrimination requirements; and contains the relevant dispute settlement procedures.

5 Mr Stoker endorsed the submissions of Mr Woods and enunciated the support of the Unions for the making for the proposed agreement.

6 I am satisfied that the application as amended adequately demonstrates that the Agreement submitted for approval complies with all necessary tests and has the genuine consent of the parties.

7 The Orica Australia Pty Ltd Kooragang Island Enterprise Agreement 2004 is made in accordance with the application to take effect on and from 23 September 2004 and remain in force until 30 June 2006.

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LAST UPDATED: 30/09/2004