Dairy Farmers Ameiu (Newcastle and Northern) Enterprise Agreement 2002 [2005] NSWIRComm 309 (26 August 2005)

Last Updated: 1 September 2005

NEW SOUTH WALES INDUSTRIAL RELATIONS COMMISSION

CITATION : Dairy Farmers AMEIU (Newcastle and Northern) Enterprise Agreement 2002 [2005] NSWIRComm 309

FILE NUMBER(S): IRC 3834

HEARING DATE(S): 05/08/2005

DECISION DATE: 26/08/2005

PARTIES:

JUDGMENT OF: Harrison DP

LEGAL REPRESENTATIVES

APPLICANT

Mr P Ludeke

RESPONDENT

Mr T McLean

CASES CITED:

LEGISLATION CITED: Industrial Relations Act 1996

JUDGMENT:

- 1 -

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: HARRISON DP

26 August 2005

Matter No IRC 3834 of 2005

DAIRY FARMERS AMIEU (NEWCASTLE AND NORTHERN) ENTERPRISE AGREEMENT 2002

Application by Australian Co-Operative Foods Limited for variation of enterprise agreement

DECISION

[2005] NSWIRComm 309

1 This is an application filed on 22 July 2005 by the Australian Co-Operative Foods Limited ('the applicant') for variation of the Dairy Farmers AMIEU (Newcastle and Northern) Enterprise Agreement 2002 ('the Agreement').

2 The matter was subject to hearing on 5 August 2005. Mr T McLean appeared on behalf of the Australasian Meat Industry Employees' Union, Newcastle and Northern Branch ('AMIEU'). No appearance was recorded by the applicant.

3 Correspondence was received from Mr P Ludeke on 3 August 2005 seeking the applicant be excused from proceedings and reporting that the applicant relied on the grounds and reasons in support of the application and the Affidavit of Mr D Iuston, Human Resources Manager of the applicant, filed with the application in seeking the Commission's approval of the variation.

4 Mr McLean submitted that after consultation and a unanimous vote by its members, the AMIEU supported the application for variation of salary sacrifice superannuation in the Agreement.

5 I am satisfied that the variation as put meets the requirements of the legislation and the Agreement is appropriately varied by consent of the parties in the terms of the application.

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LAST UPDATED: 31/08/2005