Koppers Carbon Materials and Chemicals Pty Limited 2005 Enterprise Agreement [2005] NSWIRComm 417

Industrial Relations Commission of New South Wales

CITATION: Koppers Carbon Materials and Chemicals Pty Limited 2005 Enterprise Agreement [2005] NSWIRComm 417

Koppers Carbon Materials and Chemicals Pty Limited PARTIES: The Australian Workers' Union, New South Wales; The Electrical Trades Union of Australia, NSW Branch; and the Transport Workers' Union of New South Wales

FILE NUMBER(S): IRC 5410 of 2005

CORAM: Harrison DP

CATCHWORDS: Application for approval of enterprise agreement - agreement to apply to Productions Operators, Electrical Tradespersons, Mechanical Tradespersons and Truck Drivers at Koppers Plant, Newcastle - Agreement approved.

LEGISLATION CITED: Industrial Relations Act 1996

HEARING DATES: 10/27/2005 EXTEMPORE JUDGMENT DATE: 11/14/2005

APPLICANT Solicitor Mr L McPherson LEGAL REPRESENTATIVES: Australian Employment Lawyers

RESPONDENTS Mr R Alexander Electrical Trades Union of Australia, NSW Branch

JUDGMENT:

- 2 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: HARRISON DP

14 November 2005

Matter No IRC 5410 of 2005

Koppers Carbon Materials and Chemicals Pty Limited 2005 Enterprise Agreement

Application by Koppers Carbon Materials and Chemicals Pty Limited for approval of an enterprise agreement

JUDGMENT

[2005] NSWIRComm 417

1 This is an application by Koppers Carbon Materials and Chemicals Pty Limited ("the Company") for approval of an enterprise agreement to apply to the Koppers Plant at Newcastle. Parties to the agreement are the Company; The Australian Workers' Union, New South Wales (AWU); The Electrical Trades Union of Australia, NSW Branch (ETU); and the Transport Workers' Union of New South Wales (TWU) ("the Unions"). 2 The application was subject to hearing on 27 October 2005. Mr L McPherson, solicitor of Australian Employment Lawyers, appearing on behalf of the Company with Mr M Barry. Mr R Alexander appeared on behalf of the Unions with Mr B Hector. 3 The application is supported by the necessary Statement of Particulars and an affidavit signed by Mr Michael Barry in his capacity as Manager, Operations of the Company (Exhibit 1), deposing that the agreement complies with all relevant statutory requirements, satisfies the no net detriment test and was not entered into under duress. 4 In submissions Mr McPherson relied upon the application and supporting affidavit and sought approval of the agreement with effect from 28 April 2005 to 28 April 2008. 5 Mr Alexander enunciated the support of the Unions for approval of the agreement. 6 I am satisfied that the application adequately demonstrates that the Agreement submitted for approval complies with all necessary tests and has the genuine consent of the parties.