Bartter Enterprises Pty Limited Beresfield Operations Livestock Agreement 2005-2008 [2005] NSWIRComm 399 (1 November 2005)

Last Updated: 3 November 2005

NEW SOUTH WALES INDUSTRIAL RELATIONS COMMISSION

CITATION : Bartter Enterprises Pty Limited Beresfield Operations Livestock Agreement 2005-2008 [2005] NSWIRComm 399

FILE NUMBER(S): IRC 5242

HEARING DATE(S): 14/10/2005

EX TEMPORE DATE: 01/11/2005

PARTIES:

Bartter Enterprises Pty Limited

The Australian Workers' Union, NSW Branch

JUDGMENT OF: Harrison DP

LEGAL REPRESENTATIVES

APPLICANT

Mr B Cook

Bartter Enterprises Pty Ltd

RESPONDENT

Ms C Trimmer

Australian Workers' Union, NSW Branch

CASES CITED:

LEGISLATION CITED: Industrial Relations Act 1996

JUDGMENT:

- 1 -

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: HARRISON DP

1 November 2005

Matter No IRC 5242 of 2005

BARTTER ENTERPRISES PTY LTD BERESFIELD OPERATIONS LIVESTOCK AGREEMENT 2005-2008

Application by Bartter Enterprises Pty Limited for approval of enterprise agreement

DECISION

[2005] NSWIRComm 399

1 This is an application by Bartter Enterprises Pty Limited("the Employer") seeking approval of an enterprise agreement between the Employer and the Australian Workers' Union, NSW Branch (AWU) to apply to employees in the following areas:

· Blackhill, Hinton, Thornton and Morpeth farms

· Tenam live bird pick up

· Beresfield hatchery

2 The application was subject to hearing on 14 October 2005. Mr B Cook appeared on behalf of the Employer. Ms C Trimmer appeared on behalf of the AWU.

3 The application is supported by the necessary Statement of Particulars, and an affidavit signed by Mr B Cook, Human Resource Adviser 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 In commending the agreement for approval, Mr Cook relied upon the application and affidavit filed, which he put demonstrate that the agreement meets all legislative requirements.

5 Ms Trimmer enunciated the AWU's consent to the application.

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

7 The Bartter Enterprises Pty Limited Beresfield Operations Livestock Agreement 2005-2008 is made in accordance with the application with effect from 1 July 2005 and remain in force until 30 June 2008.

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LAST UPDATED: 02/11/2005