Industrial Relations Commission of New South Wales CITATION : Darrell Lea Chocolate Shops Pty Ltd Enterprise Bargaining Agreement 2003-2006 [2004] NSWIRComm 199 APPLICANT Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch PARTIES : Australian Liquor, Hospitality and Miscellaneous Workers' Union National Union of Workers, New South Wales Branch RESPONDENT Darrell Lea Chocolate Shops Pty Ltd FILE NUMBER: 3337 of 2004 CORAM: Sams DP CATCHWORDS : Application for approval of enterprise agreement - wage increases - employees represented in the negotiations by Unions - 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 AWARDS: CASES CITED : Confectioners (State) Award, 329 IG 926 Miscellaneous Workers' General Services (State) Award, 320 IG 1078 Metal, Engineering and Associated Industries (State) Award, 325 IG 209 Storemen and Packers' General (State) Award, 317 IG 1097 HEARING DATES: 06/21/2004 EXTEMPORE JUDGMENT DATE : 06/21/2004 APPLICANT Mr I Morrison, Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch also appearing for Australian Liquor, Hospitality and Miscellaneous Workers' Union LEGAL REPRESENTATIVES: National Union of Workers, New South Wales Branch RESPONDENT Mr T Hearne, Darrell Lea Chocolate Shops Pty Ltd JUDGMENT: - 3 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM : SAMS, DP 21 June 2004 Matter No. IRC04/3337 DARRELL LEA CHOCOLATE SHOPS PTY LTD ENTERPRISE BARGAINING AGREEMENT 2003-2006 Application by Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch, for approval of Enterprise Agreement EX TEMPORE DECISION [2004] NSWIRComm 199 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 the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch, the Australian Liquor, Hospitality and Miscellaneous Workers' Union and the National Union of Workers, New South Wales Branch ('the applicants') and Darrell Lea Chocolate Shops Pty Ltd ('the respondent'). 2 The application was filed on 8 June 2004 and listed for hearing on 21 June, thereby fulfilling the requirements of s34(3) of the Act. At the hearing of the matter Mr I Morrison from the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch represented the applicant Unions and the respondent was represented by Mr T Hearne. 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 Mr Paul Bastian, State Secretary of the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch. The affidavit sets out the relevant matters provided for in the Act and the Commission's Principles governing the approval process for enterprise agreements. It is also apparent from the affidavit and from the submissions of Mr Morrison that the Agreement is the result of a long period of negotiations and, as expressed by Mr Hearne, the employer is pleased with the outcome of those negotiations, as are the Unions. 5 The Agreement covers some 250 employees of Darrell Lea Chocolate Shops Pty Ltd employed in the classifications set out in Attachment 1 to the Agreement, who are covered by the Confectioners (State) Award 329 IG 926, the Miscellaneous Workers' General Services (State) Award 320 IG 1078 , the Metal, Engineering and Associated Industries (State) Award 326 IG 209 and the Storeman and Packers' General (State) Award 317 IG 1097. Where the Agreement is silent, the relevant Award will apply. I note further that the Agreement replaces an agreement which had been registered in the Australian Industrial Relations Commission and, for reasons expressed during the proceedings, the parties have determined to lodge this Agreement in the New South Wales jurisdiction. 6 The primary purpose of the Agreement is to provide for wage increases during the life of the agreement - the first 4 per cent having been applied from 1 July last year, a further 4.5 per cent from 1 July this year and 5 per cent from 1 July 2005. I have been advised that the first of those increases has been paid by administrative action. 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 DARRELL LEA CHOCOLATE SHOPS PTY LTD ENTERPRISE BARGAINING AGREEMENT 2003-2006 to take effect from today's date and to remain in force until 30 June 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.