J&m Labour Solutions Pty Limited Enterprise Agreement 2004 -2006 [2005] NSWIRComm 30 (18 November 2004)

Last Updated: 4 March 2005

NEW SOUTH WALES INDUSTRIAL RELATIONS COMMISSION

CITATION : J&M Labour Solutions Pty Limited Enterprise Agreement 2004 -2006 [2005] NSWIRComm 30

FILE NUMBER(S): 6550

HEARING DATE(S): 18/11/2004

DECISION DATE: 18/11/2004

PARTIES:

APPLICANT

Electrical Trades Union of Australia, New South Wales Branch

RESPONDENT

J&M Labour Solutions Pty Limited

JUDGMENT OF: Sams DP

LEGAL REPRESENTATIVES

APPLICANT

Ms N Kastoun

Electrical Trades Union of Australia, New South Wales Branch

RESPONDENT

Mr S Johnston

J&M Labour Solutions Pty Limited

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

AWARD:

Electrical Electronic and Communications Contracting Industry (State) Award 318 IG 645

JUDGMENT:

- 3 -

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: SAMS, DP

18 November 2004

Matter No. IRC04/6550

J&M LABOUR SOLUTIONS PTY LIMITED ENTERPRISE

AGREEMENT 2004-2005

Application by the Elecrical Trades Union of Australia, New South Wales Branch for approval of Enterprise Agreement

EX TEMPORE DECISION

[2005] NSWIRComm 30

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 Electrical Trades Union of Australia, New South Wales Branch and J&M Labour Solutions Pty Limited. The application was filed on 9 November 2004 and listed for hearing on 18 November, thereby fulfilling the requirements of s34(3) of the Act.

2 At the hearing of the matter, Ms N Kastoun appeared for the applicant Union and Mr S Johnston 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 to on 4 November by Mr B Riordan, Secretary of the Electrical Trades Union of Australia, 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 is to cover eight employees who would be otherwise employed pursuant to the terms of the Electrical Electronic and Communications Contracting Industry (State) Award. Where the Agreement is silent, the parent Award shall apply. The Agreement provides for two wage increases on 1 October 2004 and 1 April 2005.

6 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.

7 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.

8 Pursuant to s35 of the Act, I therefore approve an Enterprise Agreement to be known as the J&M Labour Solutions Pty Limited Enterprise Agreement 2004-2005. In accordance with previous decisions of the Commission, there is no legislative prohibition for enterprise agreements having retrospective application. At the request of the parties, I therefore approve the agreement applying on and from 12 October 2004 and it shall remain in force until 30 October 2005.

9 These proceedings are thereby concluded.

Peter J Sams, AM

Deputy President

LAST UPDATED: 23/02/2005