Enforce Group Pty Ltd and The Australian Workers' Union Enterprise Agreement 2005-2006 [2005] NSWIRComm 251

Industrial Relations Commission of New South Wales

CITATION: Enforce Group Pty Ltd and The Australian Workers' Union Enterprise Agreement 2005-2006 [2005] NSWIRComm 251

Enforce Group Pty Ltd PARTIES: The Australian Workers' Union, NSW

FILE NUMBER(S): IRC 3298 of 2005

CORAM: Harrison DP

CATCHWORDS: Application for approval of enterprise agreement - employees engaged in traffic control - agreement approved

LEGISLATION CITED: Industrial Relations Act 1996

HEARING DATES: 07/11/2005

DATE OF JUDGMENT: 07/19/2005

APPLICANT Ms H Grunsell LEGAL REPRESENTATIVES:

RESPONDENT Mr S Wyatt

JUDGMENT:

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: HARRISON DP

19 July 2005

Matter No IRC 3298 of 2005

ENFORCE GROUP PTY LTD AND THE AUSTRALIAN WORKERS' UNION ENTERPRISE AGREEMENT 2005 - 2006

Application by Enforce Group Pty Ltd for approval of enterprise agreement

DECISION

[2005] NSWIRComm 251

1 This is an application by the Enforce Group Pty Ltd ("the company") seeking approval of an enterprise agreement between the company and the Australian Workers' Union, New South Wales to apply to all employees of the company engaged on, or in connection with traffic control only in New South Wales.

2 The application was subject to hearing on 11 July 2005. Ms H Grunsell appeared on behalf of the company. Mr S Wyatt appeared on behalf of the AWU.

3 The application is supported by the necessary Statement of Particulars and an affidavit signed by Mr Greg Bottle, Director of the company, deposing that the agreement complies with all relevant statutory requirements, satisfies the no net detriment test and was not entered into under duress. 4 Ms Grunsell tendered a document (exhibit 1) which she submitted corrected minor clerical errors in the application as filed and identified the employer by its legally correct title. 5 Ms Grunsell submitted that the amended application complies with the relevant statutory requirements and provides no net detriment to employees and recommended the agreement for approval. 6 Mr Wyatt concurred with corrections contained in exhibit 1 and endorsed the submissions of Ms Grunsell in support of the agreement. 7 I am satisfied that the application as amended adequately demonstrates that the Agreement submitted for approval complies with all necessary tests and has the genuine consent of the parties.