Industrial Relations Commission of New South Wales CITATION: Perilya Broken Hill Enterprise Agreement 2005-2008 [2005] NSWIRComm 300 APPLICANT Perilya Broken Hill Limited PARTIES: RESPONDENT Construction, Forestry, Mining and Energy Union, Mining and Energy Division, South Western District FILE NUMBER(S): 2669 of 2005 CORAM: Sams DP CATCHWORDS: Application for approval of enterprise agreement - agreement to cover the company's employees at Broken Hill mine only - wages and conditions - second agreement between the company and Union - agreement approved for registration. Industrial Relations Act 1996 Anti Discrimination Act 1977 LEGISLATION CITED: AWARD Metalliferous Mining Industry (State) Consolidated Award 291 IG 1 CASES CITED: Review of the Principles for Approval of Enterprise Agreements (2000) 101 IR 332 HEARING DATES: 06/16/2005 EXTEMPORE JUDGMENT DATE: 06/16/2005 APPLICANT Mr G Boyce Australian Mines and Metals Association LEGAL REPRESENTATIVES: RESPONDENT Mr A Bukarica Construction, Forestry, Mining and Energy Union, Mining and Energy Division JUDGMENT: - 3 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: SAMS DP 16 June 2005 Matter No IRC05/2669 PERILYA BROKEN HILL LIMITED ENTERPRISE AGREEMENT 2005-2008 Application by Perilya Broken Hill Limited for approval of an Enterprise Agreement DECISION [2005] NSWIRComm 300 1 Approval is sought from the Commission, pursuant to Div 2 Pt 2 ch 2 of the Industrial Relations Act 1996 ('the Act'), for the registration of an enterprise agreement between Perilya Broken Hill Limited ('the applicant') and the Construction, Forestry, Mining and Energy Union, Mining and Energy Division, South Western District ('the Union'). The application was filed on 25 May 2005 and listed for hearing on 16 June 2005, thereby fulfilling the requirements of s34(3) of the Act. 2 At the hearing of the matter Mr G Boyce from the Australian Mines and Metals Association appeared for the applicant company and Mr A Bukarica appeared for the Union. 3 Before approving an enterprise agreement, the Commission must be satisfied that the statutory requirements as outlined in the Act, the Anti Discrimination Act 1977 and the Enterprise Agreement Principles reviewed by a Full Bench of the Commission in Review of the Principles for Approval of Enterprise Agreements 2000, 101 IR 332, have been met. 4 The application is accompanied by the required statement of particulars and an affidavit sworn by Mr Barry Mitchell, General Manager of Perilya Broken Hill Limited on 23 May 2005. The affidavit sets out the relevant matters provided for in the Act and the Commission's Principles governing the approval process of enterprise agreements. 5 This agreement is the second agreement covering employees of the company in Broken Hill and replaces the Perilya Broken Hill Limited Enterprise Agreement 2002 which was approved by the Commission as presently constituted on 19 April 2002. 6 The Commission has been informed that the proposed Enterprise Agreement provides for a five per cent wage increase upon certification and CPI increases during the life of the agreement. The agreement also contains improvements to the redundancy arrangements, changes to the bonus scheme and other improvements in respect to sick leave. The agreement has been negotiated at the local level between the local union representative of the employees and local management. 7 Reference is made to an Award of this Commission, being the Metalliferous Mining Industry (State) Consolidated Award and it is readily apparent that this agreement provides wages and conditions significantly more beneficial than those provided for in the Award. 8 Having reviewed the documentation and being aware of the history of negotiations in this industry and from the submissions advanced by the Union and the applicant today, I am satisfied there is no net detriment to the employees otherwise bound by the terms and conditions of the relevant Award, that the parties understand the effect of their agreement and the agreement was not entered into under duress. 9 In all other respects, I am satisfied that the legislative requirements for approval, and the Commission's Principles dealing with enterprise agreements, have been met. 10 Accordingly, pursuant to s35 of the Act, the Perilya Broken Hill Limited Enterprise Agreement 2005-2008 is approved in terms of the application filed. The agreement shall take effect from today's date and remain in force for a period of three years thereafter. 11 The proceedings are concluded and I congratulate the parties on again negotiating a satisfactory outcome for the very many employees who are employed in the Broken Hill region by Perilya. Peter Sams Deputy President DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.