Industrial Relations Commission of New South Wales CITATION : Tuggerah and Edgeworth Shopping Centre Projects Enterprise Agreement [2002] NSWIRComm 153 APPLICANT PARTIES : Leighton Contractors RESPONDENT Labor Council of New South Wales FILE NUMBER: IRC 3568 of 2002 CORAM: Harrison DP CATCHWORDS : Application for approval of enterprise agreement - agreement approved - productivity payment for specific projects LEGISLATION CITED : Industrial Relations Act 1996 HEARING DATES: 06/27/2002 DATE OF JUDGMENT: 07/02/2002 APPLICANT Mr B Harridge Employers First LEGAL REPRESENTATIVES: RESPONDENT Mr E Razborsek, Labor Council of New South Wales JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: HARRISON DP 2 July 2002 Matter No IRC 3568 of 2002 TUGGERAH AND EDGEWORTH SHOPPING CENTRE PROJECTS ENTERPRISE AGREEMENT Application by Employers First for approval of an enterprise agreement. DECISION [2002] NSWIRComm 153 1 This is an application by Employers First on behalf of Leighton Contractors ('the company') seeking approval of an enterprise agreement between the company and the Labor Council of New South Wales Newcastle Trades Hall Council on behalf of the following affiliated unions: · Construction, Forestry, Mining and Energy Union (Construction and General Division) · The Communication Electrical Electronic Energy Information Postal Plumbing and allied Services Union of Australia (Plumbing Division, NSW Branch) · Electrical Trades Union of Australia, New South Wales Branch · Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, NSW Branch 2 The application was subject to hearing on 27 June 2002. Mr B Harridge of Employers First appeared on behalf of the Company with Mr R Bush. Mr E Razborsek appeared on behalf of the Labor Council of New South Wales and above named affiliated unions. 3 The application is supported by the necessary Statement of Particulars and an affidavit signed by Mr Harridge in his capacity of Deputy Director - Construction and Special Projects, Employers First, certifying that the agreement complies with the relevant statutory requirements; satisfies the no net detriment test; was not entered into under duress; and complies with the principles for approval determined by the Commission. 4 Mr Harridge submitted that the agreement now submitted for approval is a stand alone agreement to regulate rates of pay and conditions of employment specific to the Tuggerah and Edgeworth Shopping Centre construction projects. 5 Mr Harridge submitted that the agreement satisfies all relevant legislation and principles for approval. 6 Mr Razborsek enunciated the support of the Labor Council and affiliated unions for approval of the agreement. 7 I am satisfied that the material presented to the Commission adequately demonstrates that the Agreement submitted for approval complies with all necessary tests. 8 The Tuggerah and Edgeworth Shopping Centre Projects Enterprise Agreement is approved in the terms of the application, with effect from 27 June 2002 to remain in force for a period of twelve months therefrom. 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.