Industrial Relations Commission of New South Wales CITATION : Sydney Ports Corporation Enterprise Agreement 2004-2007 [2004] NSWIRComm 345 APPLICANT Sydney Ports Corporation PARTIES : RESPONDENTS Australian Maritime Officers' Union of New South Wales Seamans' Union of Australia, New South Wales Branch FILE NUMBER: IRC 6202 of 2004 CORAM: Sams DP CATCHWORDS : Application for approval of enterprise agreement - extensive negotiations with Unions - wage increases - agreement approved for registration - agreement to remain in force for three years. Industrial Relations Act 1996 Anti Discrimination Act 1977 LEGISLATION CITED : AWARDS NSW Port Corporation Award (2001) 332 IG 890 CASES CITED : Review of the Principles for Approval of Enterprise Agreements (2000) 101 IR 332 HEARING DATES: 10/29/2004 DATE OF JUDGMENT: 10/29/2004 APPLICANT Ms P Catanach General Manager, Human Resources Sydney Ports Corporation LEGAL REPRESENTATIVES: RESPONDENT Mr G Wood Seamans' Union of Australia, New South Wales Branch JUDGMENT: - 3 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM : SAMS, DP 29 October 2004 Matter No. IRC04/6202 SYDNEY PORTS CORPORATION ENTERPRISE AGREEMENT 2004-2007 Application by Sydney Ports Corporation for approval of enterprise agreement DECISION (ex tempore) [2004] NSWIRComm 345 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 Sydney Ports Corporation and the Australian Maritime Officers' Union of New South Wales and the Seamans' Union of Australia, New South Wales Branch. The application was filed on 20 October 2004 and listed for hearing on 29 October, thereby fulfilling the requirements of s34(3) of the Act. 2 At the hearing of the matter Ms P Catanach appeared for Sydney Ports Corporation and Mr G Wood represented the Seaman's Union of Australia, New South Wales Branch. Correspondence was received from Mr M Fleming of the Australian Maritime Officers' Union of New South Wales advising that the Union would not be represented at the hearing and supporting the Corporation's application for certification of the Agreement. 3 Before approving an enterprise agreement, the Commission must be satisfied that the statutory requirements, as outlined in the Industrial Relations Act 1996, the Anti Discrimination Act 1977 and the Enterprise Agreement Principles formulated by a Full Bench of the Commission in Review of the Principles for Approval of Enterprise Agreements 2000, 101 IR 332, have been satisfied. 4 The application is accompanied by the required affidavit of Ms Patricia Catanach, General Manager, Human Resources, Sydney Ports Corporation. The affidavit sets out the matters provided for in the Act and the Commission's Principles governing the approval process for enterprise agreements. The Agreement was negotiated through extensive consultation with the Unions over a six month period and covers approximately 167 employees. 5 Attached to Annexure A is a comparison of the conditions of employment between the Sydney Ports Corporation Enterprise Agreement and the New South Wales Port Corporations Award 2001, the award which underpins the Agreement. 6 The Agreement provides, amongst other things, for wage increases of four per cent on three occasions during the life of the Agreement. Where the Agreement is silent, the abovenamed Award will apply. The Agreement provides for the mandatory disputes settlement procedure at cl 37. 7 Having heard the submissions of the parties and upon reviewing the terms of the Agreement, I am satisfied that the parties understand the effect of their Agreement, that the Agreement was not entered into under duress, and that there is no net detriment to the employees otherwise bound by the terms and conditions of the relevant Award. 8 In all other respects I am satisfied that the legislative requirements for approval have been met and the Commission's Principles dealing with Enterprise Agreements have been complied with. 9 Therefore, pursuant to s35 of the Act, I approve an Enterprise Agreement to be known as the Sydney Ports Corporation Enterprise Agreement 2004-2007 to take effect from today's date and to remain in force for a period of three years. I also note that this approval will rescind the Sydney Ports Corporation Enterprise Agreement 2001-2004. 10 These proceedings are thereby concluded. Peter J Sams, AM 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.