Perilya Broken Hill Limited Enterprise Agreement 2002 [2002] NSWIRComm 82

Industrial Relations Commission of New South Wales

CITATION : Perilya Broken Hill Limited Enterprise Agreement 2002 [2002] NSWIRComm 82 APPLICANT PARTIES : Perilya Broken Hill Limited UNION The Construction, Forestry, Mining & Energy (South Western District) Union FILE NUMBER: 2172 of 2002 CORAM: Sams DP CATCHWORDS : Enterprise agreement - Broken Hill mining industry - first agreement for site - employment, economic and social consequences - requirements of the Act and the Commission's Principles for Enterprise Agreements - strong public interest considerations - Agreement ratified. LEGISLATION CITED : Industrial Relations Act 1996 Anti Discrimination Act 1977 CASES CITED : Review of the Principles for Approval of Enterprise Agreements 2000, 101 IR 332 HEARING DATES: 04/19/2002 DATE OF JUDGMENT: 04/19/2002

APPLICANT The Hon Mr G Punch, Solicitor Abbott Tout Solicitors LEGAL REPRESENTATIVES: UNION Mr H K Fisher Construction, Forestry, Mining and Energy (South Western District) Union

JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: SAMS DP 19 April 2002 Matter No IRC02/2172 PERILYA BROKEN HILL LIMITED ENTERPRISE AGREEMENT 2002 Application by Perilya Broken Hill Limited for approval of an Enterprise Agreement DECISION [2002] NSWIRComm 82

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 (South Western District) Union ("the Union"). The application was filed on 16 April 2002 and listed for hearing on 19 April 2002, thereby fulfilling the requirements of s34(3) of the Act.