Custom Transportable Buildings Kooragang Proprietary Limited - Amwu, Awu and Employees Enterprise Agreement 2005 [2006] NSWIRComm 40 (30 March 2006)

Last Updated: 30 March 2006

NEW SOUTH WALES INDUSTRIAL RELATIONS COMMISSION

CITATION : Custom Transportable Buildings Kooragang Proprietary Limited - AMWU, AWU and Employees Enterprise Agreement 2005 [2006] NSWIRComm 40

FILE NUMBER(S): IRC 165

HEARING DATE(S): 25/01/2006

DECISION DATE: 14/02/2006

EX TEMPORE DATE: 25/01/2006

PARTIES:

Custom Transportable Buildings Kooragang Proprietary Limited

Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union

Australian Workers' Union, New South Wales

JUDGMENT OF: Harrison DP

LEGAL REPRESENTATIVES

APPLICANT

Mr G Kerr

Solicitor

RESPONDENTS

Mr D Wallace

Mr T Callinan

CASES CITED:

LEGISLATION CITED: Industrial Relations Act 1996

JUDGMENT:

- 2 -

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: HARRISON DP

14 February 2006

Matter No IRC 165 of 2006

CUSTOM TRANSPORTABLE BUILDINGS KOORAGANG PROPRIETARY LIMITED - AMWU, AWU AND EMPLOYEES ENTERPRISE AGREEMENT 2005

Application for approval of enterprise agreement

DECISION

[2006] NSWIRComm 40

1 This is an application filed by Custom Transportable Buildings Kooragang Proprietary Limited ("the Company") seeking approval of an enterprise agreement between the Company, the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU), the Australian Workers' Union, New South Wales (AWU) ("the Unions"), and the employees of the Company, whether members of the Unions or not, who are engaged in any of the occupations, callings or industries specified in the Metal, Engineering and Associated industries (State) Award 325 IG 209; the Joiners (State) Award 328 IG 1142, and the Engine Drivers &c. General (State) Award 329 IG 164 ("the parent awards").

2 The application was subject to hearing on 25 January 2006. Mr G Kerr, Solicitor, appeared on behalf of the Company with Mr S Griffiths. Mr D Wallace appeared on behalf of the AMWU. Mr T Callinan appeared on behalf of the AWU.

3 The application is supported by the necessary Statement of Particulars and an affidavit (Exhibit 1) signed by Mr Simon Griffiths, Managing Director of 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 Kerr relied upon the application and supporting Statement of Particulars and sought approval of the agreement with effect from 25 January 2006 for a period of one year.

5 Messrs Wallace and Callinan enunciated the consent of the Unions 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 Custom Transportable Buildings Kooragang Proprietary Limited - AMWU, AWU and Employees Enterprise Agreement 2005 is approved in the terms of the application with effect from the first full pay period on or after 25 January 2006 for a period of twelve months therefrom.

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LAST UPDATED: 24/02/2006