Industrial Relations Commission of New South Wales CITATION : Barclay Mowlem Engineering Construction Group Hunter Valley Minor Works Agreement 2003-2006 [2004] NSWIRComm 140 APPLICANT Australian Workers Union, NSW RESPONDENTS PARTIES : Barclay Mowlem Construction Limited Australian Workers Union, NSW Electrical Trades Union of Australia, NSW Branch Automotive, Food, Metals, Engineering and Printing and Kindred Industries Union, NSW Branch FILE NUMBER: IRC 2568 of 2004 CORAM: Harrison DP CATCHWORDS : Application for approval of enterprise agreement - Mining construction progects within Hunter Valley region not exceeding $5 million - Agreement approved LEGISLATION CITED : Industrial Relations Act 1996 HEARING DATES: 05/21/2004 EXTEMPORE JUDGMENT DATE : 05/26/2004 APPLICANT Mr K Maher, AWU LEGAL REPRESENTATIVES: RESPONDENT Mr I McLeish, Barclay Mowlem Mr R Alexander ETU JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: HARRISON DP 26 MAY 2004 Matter No IRC 2568 of 2004 BARCLAY MOWLEM ENGINEERING CONSTRUCTION GROUP HUNTER VALLEY MINOR WORKS AGREEMENT 2003-2006 Application by The Australian Workers' Union, New South Wales for approval of enterprise agreement DECISION [2004] NSWIRComm 140 1 This is an application by the Australian Workers' Union, New South Wales (AWU) seeking approval of an enterprise agreement between Barclay Mowlem Construction Limited ('the Company'), the AWU, the Electrical Trades Union of Australia, New South Wales Branch (ETU) and Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch (AFMEPKIU) ("the Unions"). 2 The application was subject to hearing on 21 May 2004. Mr K Maher appeared on behalf of the AWU and the AFMEPKIU. Mr R Alexander appeared on behalf of the ETU. Mr I McLeish appeared on behalf of the Company. 3 The application is supported by the necessary Statement of Particulars and an affidavit signed by Mr Maher, deposing that the agreement complies with all relevant statutory requirements, satisfies the no net detriment test and was not entered into under duress. 4 Mr Maher submitted that the agreement sought complies with State wage fixation principles and commended it for approval. Mr Alexander enunciated the support of the ETU. 5 Mr McLeish concurred with the submissions of Mr Maher. 6 I am satisfied that the application as amended adequately demonstrates that the Agreement submitted for approval complies with all necessary tests and has the genuine consent of the parties. 7 The Barclay Mowlem Engineering Construction Group Hunter Valley Minor Works Agreement 2003-2006 is made in accordance with the application to take effect on and from 21 May 2004 and remain in force until 30 October 2006. 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.