Industrial Relations Commission of New South Wales CITATION : Newcastle Port Corporation Enterprise Agreement 2004-2006 [2004] NSWIRComm 97 APPLICANT PARTIES : Newcastle Port Corporation RESPONDENTS Australian Maritime Officer's Union of NSW; Seamen's Union of Australia, NSW Branch; Australian Institute of Marine and Power Engineers; Association of Professional Engineers, Scientists and Managers, Australia (NSW) FILE NUMBER: IRC 1552 of 2004 CORAM: Harrison DP CATCHWORDS : Application for enterprise agreement - Newcastle Port - Agreement approved LEGISLATION CITED : Industrial Relations Act 1996 HEARING DATES: 04/05/2004 DATE OF JUDGMENT: 04/19/2004 APPLICANT Mrs E Morson, Australian Industry Group LEGAL REPRESENTATIVES: RESPONDENTS Mr M Fleming, Australian Maritime Officer's Union of NSW; Mr J Boyle, Seamen's Union of Australia, NSW Branch; JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: HARRISON DP 19 April 2004 Matter No IRC 1552 of 2004 NEWCASTLE PORT CORPORATION ENTERPRISE AGREEMENT 2004-2006 Application by Newcastle Port Corporation for approval of an enterprise agreement. DECISION [2004] NSWIRComm 97 1 This is an application by the Australian Industry Group, New South Wales Branch (AIG) on behalf of Newcastle Port Corporation (NPC) seeking approval of an enterprise agreement between NPC, the Australian Maritime Officers' Union of New South Wales (AMOU), the Seamen's Union of Australia, NSW Branch (SUA), the Australian Institute of Marine and Power Engineers (AIMPE), the Association of Professional Engineers, Scientists and Managers Australia (NSW) (APESMA), and all NPC employees (with the exception of Marine Pilots and senior managers employed under contract). 2 The application was subject to hearing on 5 April 2004. Mrs E Morson appeared on behalf of the AIG with Mr D Callaghan and Mr G Webb. Mr M Fleming appeared on behalf of the AMOU. Mr J Boyle appeared on behalf of the SUA. 3 The application is supported by the necessary Statement of Particulars and an affidavit signed by Mr G Webb, Acting Chief Executive Officer of the NPC (tendered Exhibit 1), certifying that the agreement complies with the relevant statutory requirements; satisfies the no net detriment test; was not entered into under duress; includes the necessary anti-discrimination clause and complies with the principles for approval determined by the Commission. 4 Mrs Morson endorsed the contents of exhibit 1 and sought approval of the agreement with effect from 1 January 2004 with an expiry date of 30 June 2006. 5 Mr Fleming and Mr Boyle enunciated the support of their organisations for approval of the agreement. 6 I am satisfied that the material presented to the Commission adequately demonstrates that the Agreement submitted for approval complies with all necessary tests. 7 The Newcastle Port Corporation Enterprise Agreement 2004-2006 is approved in the terms of the application with effect from 1 January 2004 to remain in place until 30 June 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.