Industrial Relations Commission of New South Wales CITATION: Dairy Farmers AMEIU (Newcastle and Northern) Enterprise Agreement 2002 [2005] NSWIRComm 309 FILE NUMBER(S): IRC 3834 of 2005 CORAM: Harrison DP CATCHWORDS: Application for variation of enterprise agreement - variation to allow employees to make salary sacrifice contribution to superannuation accounts - variation approved LEGISLATION CITED: Industrial Relations Act 1996 HEARING DATES: 08/05/2005 DATE OF JUDGMENT: 08/26/2005 APPLICANT Mr P Ludeke LEGAL REPRESENTATIVES: RESPONDENT Mr T McLean JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: HARRISON DP 26 August 2005 Matter No IRC 3834 of 2005 DAIRY FARMERS AMIEU (NEWCASTLE AND NORTHERN) ENTERPRISE AGREEMENT 2002 Application by Australian Co-Operative Foods Limited for variation of enterprise agreement DECISION [2005] NSWIRComm 309 1 This is an application filed on 22 July 2005 by the Australian Co-Operative Foods Limited ('the applicant') for variation of the Dairy Farmers AMIEU (Newcastle and Northern) Enterprise Agreement 2002 ('the Agreement'). 2 The matter was subject to hearing on 5 August 2005. Mr T McLean appeared on behalf of the Australasian Meat Industry Employees' Union, Newcastle and Northern Branch ('AMIEU'). No appearance was recorded by the applicant. 3 Correspondence was received from Mr P Ludeke on 3 August 2005 seeking the applicant be excused from proceedings and reporting that the applicant relied on the grounds and reasons in support of the application and the Affidavit of Mr D Iuston, Human Resources Manager of the applicant, filed with the application in seeking the Commission's approval of the variation. 4 Mr McLean submitted that after consultation and a unanimous vote by its members, the AMIEU supported the application for variation of salary sacrifice superannuation in the Agreement. 5 I am satisfied that the variation as put meets the requirements of the legislation and the Agreement is appropriately varied by consent of the parties in the terms of the application. oo0oo 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.