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. 2 At the hearing of the matter the Hon Mr G Punch, Solicitor appeared for the applicant and Mr H Fisher appeared for the Union. 3 Before approving an enterprise agreement, the Commission must be satisfied that the statutory requirements, as outlined in the Industrial Relations Act 1996 and 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 Tim Clifton, Managing Director of Perilya Broken Hill Limited. 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 was negotiated in the context of the proposed sale of the Broken Hill Mine by Pasminco Pty Limited (in administration) to Perilya Broken Hill Limited. The sale process has not yet been completed. 6 Both Mr Punch and Mr Fisher highlighted the importance of this new agreement to the ongoing viability of the Broken Hill Mine. The employment impact of the mine and its economic and social consequences for the community of Broken Hill cannot be overstated. 7 It is also of particular significance to note that this is the first occasion where the industrial regulation of the Broken Hill Mine will be under an industrial instrument provided for by the Act. Previous industrial regulation has been by way of unregistered agreements. Reference was made to the Metalliferous Mining Industry (State) Award 1995, 291 IG 1, as the closest award to the coverage provided for by the new agreement. 8 The agreement will cover the wages and working conditions of over 350 employees engaged in mining and milling at the Broken Hill site. It provides for 12 hour shifts over a 42 hour week. There is improved workplace flexibility with a bonus scheme attached to the wages structure. Pursuant to s39 of the Act, the agreement provides the mandatory disputes procedure in cl 6. 9 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. There are strong public interest considerations in approving this agreement. 10 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. 11 Accordingly, pursuant to s35 of the Act, the Perilya Broken Hill Limited Enterprise Agreement 2002 is approved in terms of the application filed. The agreement shall take effect from 19 April 2002 and remain in force for a period of three years thereafter. These proceedings are concluded. 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.