Dairy Farmers Amieu (Newcastle and Northern) Enterprise Agreement 2005 [2006] NSWIRComm 21 (30 March 2006)

Last Updated: 30 March 2006

NEW SOUTH WALES INDUSTRIAL RELATIONS COMMISSION

CITATION : Dairy Farmers AMIEU (Newcastle and Northern) Enterprise Agreement 2005 [2006] NSWIRComm 21

FILE NUMBER(S): IRC 6636

HEARING DATE(S): 17/01/2006

DECISION DATE: 02/02/2006

EX TEMPORE DATE: 17/01/2006

PARTIES:

Australian Co-Operative Foods Limited (trading in New South Wales as Dairy Farmers)

Australasian Meat Industry Employees' Union, (Newcastle and Northern Branch)

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

2 February 2006

Matter No IRC 6636 of 2005

DAIRY FARMERS AUSTRALASIAN MEAT INDUSTRY EMPLOYEES' UNION, (NEWCASTLE AND NORTHERN BRANCH) ENTERPRISE AGREEMENT 2005

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

DECISION

[2006] NSWIRComm 21

1 This is an application by Australian Co-Operative Foods Limited (trading in New South Wales as Dairy Farmers) (‘the Employer’) seeking approval of an enterprise agreement to apply to employees engaged under the Butter, Cheese and Other Dairy Products (Newcastle and Northern) Award 328 IG 1087.

2 The application was subject to hearing on 17 January 2006. Mr P Ludeke appeared on behalf of the company with Mr T Houston. Mr T McLean appeared on behalf of the Australasian Meat Industry Employees' Union, (Newcastle and Northern Branch) ("the union").

3 The application is supported by the necessary Statement of Particulars and an affidavit signed by Ms Rosalind Bailey in her capacity of National Human Resources Manager certifying that the agreement complies with all relevant statutory requirements, satisfies the no net detriment test, was not entered into under duress, and complies with the principles for approval of enterprise agreements as determined by the Commission.

4 Mr Ludeke relied on the application filed and the supporting Statement of Particulars, submitting that the application satisfies all relevant criteria for approval of an enterprise agreement.

5 Mr McLean submitted that the application had the unanimous support of his members. Mr McLean put that the agreement provides realistic wage increase, the opportunity for employees to multi-skill, and the opportunity to obtain formal qualifications within the industry. Mr McLean enunciated the support 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 Dairy Farmers AMIEU (Newcastle and Northern Branch) Enterprise Agreement 2005 is approved in the terms of application, with effect from 17 January 2006 to remain in force until 27 November 2008.

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LAST UPDATED: 07/02/2006