Industrial Relations Commission of New South Wales CITATION : Centacare Catholic Community Service Archdiocese of Sydney Salary Packaging Enterprise Agreement [2002] NSWIRComm 351 APPLICANT: Catholic Commission for Employment Relations PARTIES : RESPONDENT: 47 Employees INTERVENER: Federated Clerks Union of Australia, New South Wales Branch FILE NUMBER: 6614 of 2002 CORAM: Sams DP CATCHWORDS : Enterprise agreement - non union agreement - union intervention and support for agreement - salary packaging - comparison report (s36(5)) - vote of employees - Agreement approved (s 35) - three year term - proceedings concluded LEGISLATION CITED : Industrial Relations Act 1996 Anti Discrimination Act 1977 CASES CITED : Review of the Principles for the Approval of Enterprise Agreements 101 IR 332 Clerical and Administrative Employees (State) Award (296 IG 619) HEARING DATES: 12/06/2002 EXTEMPORE JUDGMENT DATE : 12/06/2002 APPLICANT: Mr A Katic appeared for the Catholic Commission for Employment Relations RESPONDENT: LEGAL REPRESENTATIVES: No appearance INTERVENER: Ms T Milhailuk appeared for the Federated Clerks Union of Australia, New South Wales Branch JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM : SAMS, DP 9 December 2002 Matter No. IRC02/6614 Centacare Catholic Community Service Archdiocese of Sydney Salary Packaging Enterprise Agreement Application by the Catholic Commission for Employment Relations for approval of an enterprise agreement. DECISION ( ex tempore ) NSWIRComm 351 The Commission issued the following ex tempore decision on 6 December 2002: 1 Approval is a sought from the Commission pursuant to Div 2 Pt 2 Ch 2 of the Industrial Relations Act 1996 for the registration of an enterprise agreement between the trustees of the Roman Catholic Church, Archdiocese of Sydney, Centacare Catholic Community Services and its employees. 2 The application was filed on 21 November 2002 and was set for hearing today 6 December 2002, thereby fulfilling the requirements of s 35 (2) of the Act. 3 At the hearing of the matter, Mr Katic appeared for the applicant and, while there was no appearance for the employees, Ms Mihailuk from the Federated Clerks Union intervened in the proceedings, and indicated the Union's support for the proposed agreement. 4 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 1997 and the enterprise agreement principles of the Full Bench of this Commission in the Review of the Principles for the Approval of Enterprise Agreements 101 IR 332 have been met. 5 The application is accompanied by the required statement of particulars, and an affidavit sworn on 21 November, by Adrian Katic, agent for the applicant. The affidavit sets out the relevant material provided for in the Act and the Commission's principles governing the approval process for enterprise agreements. 6 The Commission has also been provided with a comparison report prepared by the Deputy Industrial Registrar pursuant to Section 36(5) of the Act, and I have considered that report in the context of the submissions made by the parties. 7 The agreement is to be read in conjunction with the Clerical and Administrative Employees (State) Award (296 IG 619) and the provisions not addressed by the agreement will be referrable to that award. 8 I note there has been a ballot of the employees affected by the terms of the agreement resulting in a one hundred percent approval from the employees for the new agreement. 9 The agreement primarily provides for arrangements in terms of salary packaging to be entered into on a voluntary basis. It covers some 47 employees employed by the applicant. The agreement provides for mandatory dispute procedure at clause 8. 10 Having heard the submissions of the parties, and reviewing the terms of the agreement and the comparison report, I am satisfied there is no detriment to the employees otherwise bound by the terms and conditions of the above mentioned award and that the parties understand the effect of the agreement, and that the agreement is not entered into under duress. 11 Accordingly, pursuant to s 35 of the Act, the Commission approves the agreement known as the Centacare Catholic Community Service Archdiocese of Sydney Salary Packaging Enterprise Agreement 2002. The agreement will take effect on and from today's date, 6 December 2002 and will remain in force for a period of three years thereafter. 12 These proceedings are concluded on that basis. Peter Sams Deputy President . 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