Industrial Relations Commission of New South Wales CITATION : Nestle Smithtown Enterprise Award 2004 [2004] NSWIRComm 338 PARTIES : Nestle Australia Limited The Australasian Meat Industry Employees Union (Newcastle and Northern Branch) FILE NUMBER: IRC 6390 of 2004 CORAM: Harrison DP CATCHWORDS : Application for a new award - Award to apply to employees of Nestle Smithtown factory - Award made by consent in terms of application to rescind and replace 2001 Award. LEGISLATION CITED : Industrial Relations Act 1996 HEARING DATES: 11/05/2004 EXTEMPORE JUDGMENT DATE : 11/05/2004 APPLICANT Mr D Davies McCarthy Ausgroup Pty Ltd LEGAL REPRESENTATIVES: RESPONDENT Ms K Evans, AMIEU JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: HARRISON DP 5 November 2004 Matter No IRC 6390 of 2004 NESTLE SMITHTOWN ENTERPRISE AWARD 2004 Application by Nestle Australia Limited for a new award DECISION [2004] NSWIRComm 338 1 This is an application by Nestle Australia Limited ("the Company") seeking the making of a new award between the Company and the Australasian Meat Industry Employees' Union, Newcastle and Northern Branch (AMIEU), to cover employees at the Company's Smithtown factory. 2 The application was subject to hearing on 5 November 2004. Mr D Davies of McCarthy Ausgroup Pty Ltd appeared on behalf of the Company. Ms K Evans appeared for the AMIEU. 3 Mr Davies submitted that the award sought has been preceded by several previous enterprise awards between the parties and will rescind and replace the Nestle Smithtown Enterprise Award 2001 336 IG 588 ("the 2001 Award"). 4 Mr Davies submitted that the application is the result of extensive negotiations between the parties, conforms with legislative requirements and is consistent with the principles set down for the making of awards. 5 Ms Evans endorsed Mr Davies' submission and enunciated the consent of the AMIEU to the making of the Award. 6 I am satisfied that the application meets all legislative requirements; that it conforms with the relevant State Wage Case principles; and that it is presented to the Commission with the genuine consent of the parties. 7 The Nestle Smithtown Enterprise Award 2004 is made in accordance with the application with effect from the first full pay period commencing on or after 5 November 2004 to remain in force until 29 April 2007, and will rescind and replace the 2001 Award. 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.