Works Infrastucture Pty Ltd Civil Construction (NSW) Enterprise Agreement 2005 [2005] NSWIRComm 98 (30 March 2005)

Last Updated: 31 March 2005

NEW SOUTH WALES INDUSTRIAL RELATIONS COMMISSION

CITATION : Works Infrastucture Pty Ltd Civil Construction (NSW) Enterprise Agreement 2005 [2005] NSWIRComm 98

FILE NUMBER(S): IRC 1296

HEARING DATE(S): 21/03/2005

EX TEMPORE DATE: 30/03/2005

PARTIES:

Works Infrastructure Pty Ltd

The Australian Workers Union (NSW)

JUDGMENT OF: Harrison DP

LEGAL REPRESENTATIVES

Mr S Gordon

Australian Industry Group (NSW Branch)

CASES CITED:

LEGISLATION CITED: Industrial Relations Act 1996

JUDGMENT:

- 1 -

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: HARRISON DP

30 March 2005

Matter No IRC 1296 of 2005

WORKS INFRASTRUCTURE PTY LTD CIVIL CONSTRUCTION (NSW) ENTERPRISE AGREEMENT 2005

Application for approval of enterprise agreement

JUDGMENT

[2005] NSWIRComm 98

1 This is an application filed by the Australian Industry Group, New South Wales Branch (AIG) seeking approval of an enterprise agreement between Works Infrastructure Pty Ltd ("the Company") and The Australian Workers' Union, New South Wales ("the Union").

2 The application was subject to hearing on 21 March 2005. Mr S Gordon appeared on behalf of AIG. Mr S Wyatt provided correspondence on behalf of the Union.

3 The application is supported by the necessary Statement of Particulars and an affidavit signed by Mr M Petale, National Manager Human Resources for the Company, attesting that the agreement complies with the relevant statutory requirements; satisfies the no net detriment test; was not entered into under duress; includes the necessary anti-discrimination clause and complies with the principles for approval determined by the Commission.

4 Mr Gordon endorsed the application and supporting Statement of Particulars and sought approval of the agreement with effect from 21 March 2005 with an expiry date of 30 September 2007.

5 The correspondence received from Mr Wyatt enunciated the consent of the Union for approval of the agreement.

6 I am satisfied that the material presented to the Commission adequately demonstrates that the Agreement submitted for approval complies with all necessary tests.

7 The Works Infrastructure Pty Ltd Civil Construction (NSW) Enterprise Agreement 2005 is approved in the terms of the application with effect from 21 March 2005 to remain in place until 30 September 2007.

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LAST UPDATED: 31/03/2005