Cement Australia Transport Employees (NSW) Agreement 2005 [2005] NSWIRComm 379 (30 September 2005)

Last Updated: 15 November 2005

NEW SOUTH WALES INDUSTRIAL RELATIONS COMMISSION

CITATION : Cement Australia Transport Employees (NSW) Agreement 2005 [2005] NSWIRComm 379

FILE NUMBER(S): 4742

HEARING DATE(S): 30/09/2005

EX TEMPORE DATE: 30/09/2005

PARTIES:

APPLICANT

Cement Australia Pty Ltd

RESPONDENT

Transport Workers Union of Australia, New South Wales Branch

JUDGMENT OF: Sams DP

LEGAL REPRESENTATIVES

APPLICANT

Mr A Powter, solicitor

Instructed by

Mr A Calogreedy

RESPONDENT

Mr G Selig

Transport Workers Union of Australia, New South Wales Branch

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

Transport Industry Mixed Enterprises (State) Award 329 IG 748

JUDGMENT:

- 2 -

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: SAMS, DP

30 September 2005

Matter No. IRC05/4742

CEMENT AUSTRALIA TRANSPORT EMPLOYEES (NSW)

AGREEMENT 2005

Application by Cement Australia Pty Ltd for approval of enterprise agreement

EX TEMPORE DECISION

[2005] NSWIRComm 379

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 Cement Australia Pty Ltd and the Transport Workers' Union of Australia, New South Wales Branch. The application was filed on 9 September 2005 and listed for hearing on 30 September, thereby fulfilling the requirements of s34(3) of the Act.

2 At the hearing of the matter, Mr A Powter, solicitor, appeared for the applicant and Mr G Selig represented the respondent Union.

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 by Mr N Casalis, Logistics Manager NSW/VIC of Cement Australia Pty Limited. 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 approximately 50 to 60 employees who would be otherwise employed pursuant to the terms of the Transport Industry Mixed Enterprises (State) Award. The Agreement is to operate in conjunction with that Award.

6 The new agreement also replaces an earlier enterprise agreement, being EA 03/110, which expired on 17 April 2005.

7 Among other things the Agreement is to provide for wage increases during the life of the Agreement, there having been a 3 per cent wage increase applying since April 2004, 5 per cent from April 2005 and a prospective further 5 per cent from April next year.

8 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.

9 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.

10 Pursuant, therefore, to s35 of the Act, I approve an Enterprise Agreement to be known as the Cement Australia Transport Employees (NSW) Agreement 2005. The agreement is to take effect from today's date, 30 September 2005, and to remain in force for a period of two years thereafter.

11 These proceedings are thereby concluded.

Peter J Sams, AM

Deputy President

LAST UPDATED: 15/11/2005