Newcastle Newspapers Pty Limited Clerical Staff Enterprise Agreement 2006 [2006] NSWIRComm 20 (30 March 2006)

Last Updated: 30 March 2006

NEW SOUTH WALES INDUSTRIAL RELATIONS COMMISSION

CITATION : Newcastle Newspapers Pty Limited Clerical Staff Enterprise Agreement 2006 [2006] NSWIRComm 20

FILE NUMBER(S): IRC 88

HEARING DATE(S): 17/01/2006

DECISION DATE: 03/02/2006

EX TEMPORE DATE: 17/01/2006

PARTIES:

Australian Business Lawyers

Newcastle Newspapers Pty Limited

New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union

JUDGMENT OF: Harrison DP

LEGAL REPRESENTATIVES

APPLICANT

Mr S Loehr

Solicitor, Australian Business Lawyers

RESPONDENT

Mr R Potter

USU

CASES CITED:

LEGISLATION CITED: Industrial Relations Act 1996

JUDGMENT:

- 2 -

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: HARRISON DP

3 February 2005

Matter No IRC 88 of 2006

NEWCASTLE NEWSPAPERS PTY LIMITED CLERICAL STAFF ENTERPRISE AGREEMENT 2006

Application by Newcastle Newspapers for approval of an enterprise agreement.

DECISION

[2006] NSWIRComm 20

1    This is an application by Australian Business Lawyers (ABL) on behalf of Newcastle Newspapers Pty Limited ("the Employer") seeking approval of an enterprise agreement between the Employer and the New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (USU) ("the Union").

2    The application was subject to hearing on 17 January 2006. Mr S Loehr solicitor of ABL appeared with Ms A Willis. Mr R Potter appeared on behalf of the Union with Mr C Hamilton.

3    The application is supported by the necessary Statement of Particulars and an affidavit signed by Ms A Willis, Senior Human Resources Adviser for the Employer, certifying 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 Loehr submitted that the Agreement sought will rescind and replace the Newcastle Newspapers Pty Limited Clerical Staff Enterprise Agreement 2003 (EA04/155) which had an expiry date of 31 December 2005.

5    Mr Loehr expressed support for the application and accompanying Statement of Particulars and sought approval of the agreement with effect from 1 January 2006 with a nominal term of three years.

6    Mr Potter enunciated the support of the Union for approval of the agreement.

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

8    The Newcastle Newspapers Pty Limited Clerical Staff Enterprise Agreement 2005 is approved in the terms of the application with effect from 1 January 2006 to remain in force for a period of three years therefrom. This agreement rescinds and replaces EA04/155.

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LAST UPDATED: 07/02/2006