Industrial Relations Commission of New South Wales CITATION : Brambles Industrial Services Stemming Truck Operators Enterprise Agreement [2004] NSWIRComm 343 APPLICANT PARTIES : Brambles Industries Limited RESPONDENT Transport Workers' Union of Australia, New South Wales Branch FILE NUMBER: IRC 5932 of 2004 CORAM: Sams DP CATCHWORDS : Application for approval of enterprise agreement - agreement to cover stemming truck operators at Singleton site - wage increases - agreement provides for rates in excess of award rates - agreement approved for a period of two years - previous agreement terminated. Industrial Relations Act 1996 Anti Discrimination Act 1977 LEGISLATION CITED : AWARD: Transport Industry (State) Award 343 IG 390 CASES CITED : Review of the Principles for Approval of Enterprise Agreements (2000) 101 IR 332 HEARING DATES: 10/26/2004 DATE OF JUDGMENT: 10/26/2004 APPLICANT: Ms A Hancock Industrial Relations Advisor Brambles Industries Limited LEGAL REPRESENTATIVES: RESPONDENT: Mr G Astorga Transport Workers' Union of Australia, New South Wales Branch JUDGMENT: - 3 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM : SAMS, DP 26 October 2004 Matter No. IRC04/5932 BRAMBLES INDUSTRIAL SERVICES STEMMING TRUCK OPERATORS Application by Brambles Industries Limited for approval of enterprise agreement DECISION (ex tempore) [2004] NSWIRComm 343 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 Brambles Industrial Services, a Division of Brambles Australia Limited and the Transport Workers' Union of Australia, New South Wales Branch. The application was filed on 6 October 2004 and listed for hearing on 26 October, thereby fulfilling the requirements of s34(3) of the Act. 2 At the hearing of the matter Ms A Hancock appeared for Brambles Industrial Services Limited and Mr G Astorga represented 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, the Anti Discrimination Act 1977 and the Enterprise Agreement Principles formulated by a Full Bench of the Commission in Review of the Principles for Approval of Enterprise Agreements 2000, 101 IR 332, have been satisfied. 4 The application is accompanied by the required affidavit and statement of particulars filed in the matter by Ms Amy Hancock, Industrial Relations Advisor, Employment Services Department of Brambles. The affidavit sets out the matters provided for in the Act and the Commission's Principles governing the approval process for enterprise agreements. The affidavit discloses that the parties understand the effect of their Agreement and that it was not entered into under duress. 5 Specifically, the Agreement is to cover stemming truck operators numbering about 10 in all, being employees engaged at the Singleton site. The Agreement is to operate in conjunction with the Transport Industry (State) Award, 343 IG 390 and where the Agreement is silent, the Award provisions shall prevail. The Agreement also provides for the mandatory disputes settlement procedure at cl 8.0. 6 The Agreement provides for rates in excess of those prescribed in the award and the first of such increases is available from 9 May 2004 with a subsequent increase being payable 12 months later. In respect of the first increase, that payment will be made from the first full pay period after approval by the Commission of the Agreement. There are a number of other changes as outlined in the statement of particulars filed by Ms Hancock. 7 The Agreement replaces a previous Agreement covering the employees in question, being Enterprise Agreement number 01/7054, that Agreement having expired on 9 May 2004. The parties provided correspondence to the Commission of their intent to terminate the 2001 Agreement. 8 Having heard the submissions of the parties and upon reviewing the terms of the Agreement, I am satisfied that the parties understand the effect of their Agreement, that the Agreement was not entered into under duress, and that there is no net detriment to the employees otherwise bound by the terms and conditions of the relevant Award. 9 In all other respects I am satisfied that the legislative requirements for approval have been met and the Commission's Principles dealing with Enterprise Agreements have been complied with. 10 Pursuant to s35 of the Act, I therefore approve an Enterprise Agreement to be known as the Brambles Industrial Services Stemming Truck Operators Enterprise Agreement to take effect from today's date and to remain in force and effect for a period of two years thereafter. 11 These proceedings are concluded. Peter J Sams, AM 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.