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. 7 The Koppers Carbon Materials and Chemicals Pty Limited 2005 Enterprise Agreement is made in accordance with the application to take effect on and from 28 April 2005 and remain in force until 28 April 2008. oo0oo 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.