Industrial Relations Commission of New South Wales CITATION : Dairy Farmers Clerical Employees Enterprise Agreement [2004] NSWIRComm 143 APPLICANT PARTIES : Australian Co-Operative Foods Limited RESPONDENT New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union FILE NUMBER: 1491 of 2004 CORAM: Sams DP CATCHWORDS : Application for approval of enterprise agreement - clerical employees - wage increases - employees represented in negotiations by Union - agreement approved for registration. LEGISLATION CITED : Industrial Relations Act 1996 Anti Discrimination Act 1977 Review of the Principles for Approval of Enterprise Agreements (2000) 101 IR 332 CASES CITED : AWARD: Clerical and Administrative Employees (State) Award HEARING DATES: 04/01/2004 DATE OF JUDGMENT: 04/01/2004 APPLICANT Mr P Ludeke, Agent LEGAL REPRESENTATIVES: RESPONDENT Ms F Hancock, New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM : SAMS, DP 1 April 2004 Matter No. IRC04/1491 DAIRY FARMERS CLERICAL EMPLOYEES ENTERPRISE AGREEMENT Application by Australian Co-Operative Foods Limited for approval of Enterprise Agreement EX TEMPORE DECISION [2004] NSWIRComm 143 1 Approval is sought from the Commission, pursuant to Div 2 Pt 2 ch 2 of the Industrial Relations Act 1996, for the approval of an enterprise agreement between Australian Co-Operative Foods Limited, trading in New South Wales as Dairy Farmers, and the New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union. The application was filed on 19 March 2004 and listed for hearing on 1 April, thereby fulfilling the requirements of s34(3) of the Act. 2 At the hearing of the matter, Mr P Ludeke, Agent, appeared for Australian Co-Operative Foods Limited and Ms F Hancock from the Union represented the employees. 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 of Wendy Joy Crawford, Human Resources Manager NSW/ACT of Australian Co-operative Foods Ltd. The affidavit sets out the relevant matters provided for in the Act and the Commission's Principles governing the approval process for enterprise agreements. The affidavit disclosed that the Agreement complies with the requirements of the Acts earlier referred to and that the parties understand the effect of their Agreement. The employees were represented in negotiations by their Union and the Union Secretary signed the agreement after a ballot of the employees between 21 January and 5 February which approved the Agreement. 5 The Agreement is to cover 37 clerical employees of Dairy Farmers in the classifications set out in Appendix A to the Agreement, excluding Bomaderry employees, all employees in Dairy Farmers Rural Trading and employees exempted by Clause 40 of the Clerical and Administrative Employees (State) Award. The Agreement will otherwise operate in conjunction with that Award. Where the Agreement is silent, the Award will apply. For example, in respect to anti discrimination provisions. The Agreement also provides for the mandatory disputes settlement procedure at cl 30. 6 The primary purpose of the Agreement is to recognise various improvements in productivity measures identified in a number of clauses of the Agreement by Mr Ludeke, and which will result in increases in rates of pay of 2.5 per cent in five instalments over approximately seven month intervals, providing a total increase of 15 per cent over the term of the Agreement. There will be similar increases in respect to current allowances over the equivalent time of the agreement. I note the understanding between the parties that the first instalment of 2.5 per cent has already been paid to employees in October last year. 7 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. 8 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. 9 Pursuant to s35 of the Act, I therefore approve an Enterprise Agreement to be known as the Dairy Farmers Clerical Employees Enterprise Agreement to take effect from today's date and to remain in force until 31 December 2006. 10 These proceedings are thereby 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.