Industrial Relations Commission of New South Wales CITATION : Review of the Principles for Approval of Enterprise Agreements 2002 - Statement of Full Bench, Re [2002] NSWIRComm 310 Labor Council of New South Wales Australian Business Industrial Employers First PARTIES : Electrical Contractors' Association of New South Wales Public Employment Office Minister for Industrial Relations Local Government and Shires Association of New South Wales Anti-Discrimination Board FILE NUMBER: IRC 1782 of 2002 CORAM: Wright J President; Walton J Vice-President; Marks J; Bishop C CATCHWORDS : Enterprise Agreements - Review of Principles of Enterprise Agreements - Jurisdictional issues - Application for establishment of new principle re agency/union bargaining fee - Form of possible principle - Appropriate that matter be raised with parties - Directions issued - Statement made LEGISLATION CITED : Industrial Relations Act 1996 HEARING DATES: 11/01/2002 DATE OF JUDGMENT: 11/22/2002 LEGAL REPRESENTATIVES: JUDGMENT: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES FULL BENCH CORAM: WRIGHT J, President WALTON J, Vice-President MARKS J BISHOP C Friday 22 November 2002 Matter No IRC 1782 of 2002 Re REVIEW OF THE PRINCIPLES FOR APPROVAL OF ENTERPRISE AGREEMENTS 2002 Summons to Show Cause - Commission on its own Initiative pursuant to section 33(4) of the Industrial Relations Act 1996 STATEMENT OF THE FULL BENCH [2002] NSWIRComm 310 1 These proceedings were heard by the Full Bench on Friday 1 November 2002 and, at the conclusion of the hearing that day, the Full Bench reserved its decision. Subsequently the Full Bench has been considering the submissions made by the parties with a view to handing down the decision before the conclusion of the current law term. 2 Although no final conclusion has been reached as to any of the matters argued before the Full Bench some preliminary outcomes are presently under consideration. It is possible that the Full Bench may decline to insert a principle in the terms proposed by certain of the private employer associations. We observe that we have formed the preliminary view that the jurisdictional submissions made on behalf of those parties, which were significant to the success of their arguments in this respect, may be incorrect. 3 It may nevertheless be appropriate for the Full Bench to consider inserting a principle which deals with the issue of bargaining agent fees in the principles which result from the present review. Since no particular principle of this kind was the subject of submissions by the parties, it has been considered appropriate to raise with them the terms of a possible principle prior to concluding our deliberations and delivering judgment. The parties are requested to consider the possible insertion of a principle along the following lines subject to the Full Bench's final consideration of the jurisdictional issues: Where the proposed enterprise agreement includes a provision as to payment of an agency or union bargaining fee, the Commission shall consider whether the proposed provision is consistent with the provisions of the Industrial Relations Act 1996 and, where applicable, the rules of any relevant registered organisation. 4 It will be necessary for the parties to be given an opportunity to make written submissions in relation to a possible principle along the above lines. We accordingly make the following directions: (1) Any party to these proceedings which wishes to make submissions as to the terms of the possible principle set out in paragraph [3] of this statement shall do so by filing and serving such submission no later than 4pm on Friday 29 November 2002. (2) Any party which wishes to reply to any of the submissions filed and served in accordance with direction (1) shall do so no later than 4pm on Wednesday 4 December 2002. (3) Leave is given for the submissions to be filed and served by facsimile. ________________________ 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.