Industrial Relations Commission of New South Wales CITATION : Zoological Parks Board of New South Wales Commercial Operations and Guest Services Employees Enterprise Agreement 2003 [2004] NSWIRComm 144 APPLICANT Zoological Parks Board of New South Wales PARTIES : RESPONDENT Australian Liquor, Hospitality and Miscellaneous Workers' Union, Miscellaneous Workers Division, New South Wales Branch FILE NUMBER: 2719 of 2004 CORAM: Sams DP CATCHWORDS : Application for approval of enterprise agreement - agreement to cover cleaners, sky safari personnel, guest services personnel, gatekeepers and security officers at Taronga Zoo - agreement provides wage increases - agreement to have retrospective application - agreement approved for registration. Industrial Relations Act 1996 Anti Discrimination Act 1977 LEGISLATION CITED : AWARDS: Security Industry (State) Award 329 IG 1 Miscellaneous Workers' General Services (State) Award 320 IG 1078 CASES CITED : Review of the Principles for Approval of Enterprise Agreements (2000) 101 IR 332 HEARING DATES: 05/26/2004 DATE OF JUDGMENT: 05/26/2004 APPLICANT Ms B Sammut Acting General Manager - Human Resources LEGAL REPRESENTATIVES: RESPONDENT Mr S Kalouris Australian Liquor, Hospitality and Miscellaneous Workers' Union, Miscellaneous Workers Division, New South Wales Branch JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM : SAMS, DP 26 May 2004 Matter No. IRC04/2719 ZOOLOGICAL PARKS BOARD OF NEW SOUTH WALES COMMERCIAL OPERATIONS AND GUEST SERVICES EMPLOYEES ENTERPRISE AGREEMENT 2003 Application by Zoological Parks Board of New South Wales for approval of enterprise agreement EX TEMPORE DECISION [2004] NSWIRComm 144 1 Approval is sought from the Commission, pursuant to Div 2 Pt 2 ch 2 of the Industrial Relations Act 1996 ('the Act'), for the registration of an enterprise agreement between the Zoological Parks Board of New South Wales ('the applicant') and the Australian Liquor, Hospitality and Miscellaneous Workers Union, Miscellaneous Workers' Division, New South Wales Branch ('the respondent'). 2 The application was filed on 7 May 2004 and listed for hearing on 26 May 2004, thereby fulfilling the requirements of s34(3) of the Act. At the hearing of the matter Ms B Sammut appeared for the applicant and Mr S Kalouris represented the respondent. 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 statement of particulars and an affidavit sworn on 7 May 2004 by Ms Bettina Sammut, Acting General Manager - Human Resources of the Zoological Parks Board of New South Wales. The affidavit states that the Agreement complies with all of the requirements of the Acts earlier referred to, that the parties understand the effect of their Agreement and that the Agreement provides no net detriment to the employees. The Agreement will cover employees presently employed under the Cleaning, Multipurpose Operations and Security Employees - Zoological Parks Board of New South Wales Enterprise Agreement, the Security Industry (State) Award, 329 IG 1 and Miscellaneous Workers' General Services (State) Award, 320 IG 1078. The Agreement replaces the Cleaning, Multipurpose Operations and Security Employees - Zoological Parks Board of New South Wales Enterprise Agreement 2000 (EA No 01-199) which was approved on 15 March 2004 and which reached its nominal term on 31 December 2001. 5 The Agreement covers cleaners, sky safari personnel, guest services personnel, gatekeepers and security officers at Taronga Zoo, who form a distinct work unit at the Zoo. It provides for three wage increases, the first 3 per cent increase applying from 1 January 2002, a further 4 per cent from 1 January 2003 and 5 per cent from 1 July 2003. It is noted that the third increase has not yet been paid and upon approval of this Agreement, employees will receive that increase with the appropriate back pay. 6 The Agreement also provides for an increase in the span of employees' ordinary hours and various other shift arrangements and a new Occupational First Aid allowance. The Agreement provides the mandatory disputes procedure in clause 11, and includes other test case standards of this Commission. 7 The parties have requested an effective date of commencement of the Agreement of 1 July 2001, the effect being that the Agreement's nominal term will expire in a little over a month. In accordance with decisions of other members of the Commission, including myself, there is a capacity under the legislation for enterprise agreements to have retrospective operation (although I should say for my own part, this is first agreement I have seen which has such a lengthy retrospective period). 8 Notwithstanding that, and in the light of not seeing any reason why the Commission would be prevented from approving the Agreement in those circumstances, I propose to grant the retrospective operation as sought, such as to provide for the Agreement's effective date of operation being 1 July 2001 to remain in force until 30 June 2004. 9 Having heard the submissions of the parties and reviewing the terms of the Agreement, I am satisfied there is no net detriment to the employees otherwise bound by the terms and conditions of the aforementioned awards. 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. 10 I therefore approve for registration the Enterprise Agreement to be known as Zoological Parks Board of New South Wales Commercial Operations and Guest Services Employees' Enterprise Agreement 2003. 11 The proceedings are concluded on that basis. 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.