Lhmu and Geo Australia Pty Ltd NSW Non Custodial Employees Certified Agreement 2004 [2005] NSWIRComm 139 (22 April 2005)

Last Updated: 5 December 2005

NEW SOUTH WALES INDUSTRIAL RELATIONS COMMISSION

CITATION : LHMU and GEO Australia Pty Ltd NSW Non Custodial Employees Certified Agreement 2004 [2005] NSWIRComm 139

FILE NUMBER(S): 1782

HEARING DATE(S): 22/04/2005

EX TEMPORE DATE: 22/04/2005

PARTIES:

APPLICANT

Liquor, Hospitality and Miscellaneous Union, New South Wales Branch

RESPONDENT

GEO Australia Pty Ltd

JUDGMENT OF: Sams DP

LEGAL REPRESENTATIVES

APPLICANT

Mr M Vance

Liquor, Hospitality and Miscellaneous Union, New South Wales Branch

RESPONDENT

Mr R Casimir

GEO Australia Pty Ltd

CASES CITED: Review of the Principles for Approval of Enterprise Agreements (2000) 101 IR 332

LEGISLATION CITED: Industrial Relations Act 1996

Anti Discrimination Act 1977

AWARDS

Canteen &c Workers (State) Award 314 IG 155

Clerical and Administrative Employees (State) Award 296 IG 619

Miscellaneous Workers General Services (State) Award 320 IG 1078

JUDGMENT:

- 3 -

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: SAMS, DP

22 April 2005

Matter No. IRC05/1782

LHMU & GEO AUSTRALIA PTY LTD NSW NON CUSTODIAL

EMPLOYEES CERTIFIED AGREEMENT 2004

Application by Liquor, Hospitality and Miscellaneous Union, New South Wales Branch for approval of an enterprise agreement

EX TEMPORE DECISION

[2005] NSWIRComm 139

1 Approval is sought from the Commission, pursuant to Div 2 Pt 2 ch 2 of the Industrial Relations Act 1996 ('the Act') for the approval of an enterprise agreement between the Liquor, Hospitality and Miscellaneous Union, New South Wales Branch and GEO Australia Pty Ltd. The application was filed on 8 April 2005 and listed for hearing on 22 April, thereby fulfilling the requirements of s34(3) of the Act.

2 At the hearing of the matter, Mr M Vance appeared for the applicant Union and Mr R Casimir represented the respondent.

3 Before approving an enterprise agreement, the Commission must be satisfied that the statutory requirements, as outlined in the Industrial Relations Act 1996, the Anti Discrimination Act 1977 and the Enterprise Agreement Principles formulated by a Full Bench of the Commission in Review of the Principles for Approval of Enterprise Agreements (2000) 101 IR 332 have been satisfied.

4 The application is accompanied by the required affidavit, deposed on 7 April 2005 by Ms A Owens, Branch Secretary of the Liquor, Hospitality and Miscellaneous Union, New South Wales Branch. The affidavit sets out the relevant matters provided for in the Act and the Commission’s Principles governing the approval process for enterprise agreements.

5 The Agreement replaces the Junee Correctional Centre Non-Custodial Enterprise Agreement 2001, EA 02/88, certified by this Commission on 7 December 2001 which expired on 1 April this year. A notice of termination of that Agreement was filed during the proceedings.

6 The agreement is to cover 18 non-custodial employees of the respondent employed at the Junee Correctional Centre in the classifications named in the agreement. The agreement shall be read in conjunction with the Canteen &c Workers (State) Award, Clerical and Administrative Employees (State) Award and Miscellaneous Workers General Services (State) Award.

7 Where the Agreement is silent, the parent Awards shall apply. The Agreement provides for three 2 per cent wage increases twelve months apart and commencing on 1 April 2004 and new provisions in respect to flexdays.

8 The Commission was informed that the Agreement has been the result of extensive negotiations between the Union and the employer involving the local official and delegates.

9 Having heard the submissions of the parties and upon reviewing the terms of the Agreement, I am satisfied that the parties understand the effect of their Agreement, that the Agreement was not entered into under duress, and that there is no net detriment to the employees otherwise bound by the terms and conditions of the relevant Award.

10 In all other respects I am satisfied that the legislative requirements for approval have been met and the Commission's Principles dealing with Enterprise Agreements have been complied with.

11 Pursuant to s35 of the Act, I therefore approve an Enterprise Agreement to be known as the LHMU & GEO Australia Pty Ltd NSW Non Custodial Employees Certified Agreement 2004 to take effect from today's date and to remain in force until 1 April 2007.

12 These proceedings are thereby concluded.

Peter J Sams, AM

Deputy President

LAST UPDATED: 02/12/2005