Industrial Relations Commission of New South Wales CITATION : Hanson Sydney Concrete Drivers Enterprise Agreement 2004 [2004] NSWIRComm 342 APPLICANT PARTIES : Hanson Construction Materials Pty Ltd RESPONDENT Transport Workers' Union of Australia, New South Wales Branch FILE NUMBER: IRC 6081 of 2004 CORAM: Sams DP CATCHWORDS : Application for approval of enterprise agreement - agreement to cover concrete truck drivers employed at ten sites in the Sydney metropolitan area - wage increases and other conditions - agreement to have retrospective application - agreement approved for registration. Industrial Relations Act 1996 Anti Discrimination Act 1977 LEGISLATION CITED : AWARD: Transport Industry Mixed Enterprises (State) Award 342 IG 348 CASES CITED : Review of the Principles for Approval of Enterprise Agreements (2000) 101 IR 332 HEARING DATES: 11/02/2004 DATE OF JUDGMENT: 11/02/2004 APPLICANT Mr D Davies, McCarthy Ausgroup Pty Ltd LEGAL REPRESENTATIVES: RESPONDENT Mr W Irvine, Transport Workers' Union of New South Wales JUDGMENT: - 3 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM : SAMS, DP 2 November 2004 Matter No. IRC04/6081 HANSON SYDNEY CONCRETE DRIVERS ENTERPRISE AGREEMENT 2004 Application by Hanson Construction Materials Pty Ltd for approval of Enterprise Agreement DECISION (ex tempore) [2004] NSWIRComm 342 1 Approval is sought from the Commission, pursuant to Div 2 Pt 2 ch 2 of the Industrial Relations Act 1996, for the registration of an enterprise agreement between Hanson Construction Materials Pty Ltd and the Transport Workers' Union of Australia, New South Wales Branch. The application was filed on 14 October 2004 and listed for hearing on 2 November, thereby fulfilling the requirements of s34(3) of the Act. 2 At the hearing of the matter Mr D Davies appeared as Agent for Hanson Construction Materials Pty Ltd and Mr W Irvine 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 of Mr M Diamond, a principal of McCarthy Ausgroup Pty Ltd. 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 disclosed that the parties understand the effect of their Agreement and that it was not entered into under duress. 5 Mr Irvine submitted that the Agreement was negotiated in consultation with the Union through the workplace negotiating committee and a vote of employees taken on 15 September 2004 overwhelmingly approved the terms of the Agreement. 6 The Agreement is to cover some 50 concrete truck drivers employed by the applicant at 10 sites in the metropolitan area of Sydney. Where the Agreement is silent, the Transport Industry Mixed Enterprises (State) Award, 342 IG 348 with will apply. The Agreement also provides for the mandatory disputes settlement procedure at cl 17. 7 The Agreement provides for a number of wage increases, being 4 per cent from 1 April 2004, 3 per cent from 1 November 2004, 4 per cent from 1 May 2005 and 4 per cent on 1 May 2006. 8 There are also a number of other changes referred to by Mr Irvine. In particular, at cl 2.3 of the Agreement there is provision concerning work carried out on building and construction sites to which deliveries are provided. 9 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. 10 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. 11 In accordance with previous decisions of the Commission, there is no legislative prohibition for enterprise agreements having retrospective application and, at the request of the parties and in terms of the Agreement negotiated, I approve this Agreement to apply from 1 April 2004. 12 Accordingly, pursuant to s35 of the Act, I approve an Enterprise Agreement to be known as the Hanson Sydney Concrete Drivers Enterprise Agreement 2004 from 1 April 2004 and to remain in force for two years and one month thereafter. 13 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.