Industrial Relations Commission of New South Wales CITATION : Yates Vegetable Seeds Pty Ltd Clerical and Administrative Enterprise Agreement [2002] NSWIRComm 162 APPLICANT Yates Vegetable Seeds Pty Ltd RESPONDENT EMPLOYEES Jo-Anne Holden PARTIES : Joanne Wilson Jennifer Seaton Loris-Ann Clark Jeanette Donohoe Patrice Green FILE NUMBER: 2959 of 2002 CORAM: Sams DP CATCHWORDS : Application for approval of enterprise agreement - clerical industry - non-union agreement - ballot conducted - comparison report, pursuant to s36(5) of the Act - wage increase - retrospective operation - Agreement ratified for two years. LEGISLATION CITED : Industrial Relations Act 1996 Anti Discrimination Act 1977 Review of the Principles for Approval of Enterprise Agreements 2000, 101 IR 32 CASES CITED : Snack Brands Australia - Smithfield Operations and Logistics North - Enterprise Agreement January 1999 (unreported, Walton J, Vice President, Matter IRC6937 of 1998, 11 January 1999) Schweppes Cottee's Enterprise Agreement 1997 (unreported, Schmidt J, Matter IRC4383 of 1997, 30 September 1997) HEARING DATES: 06/14/2002; 06/28/2002 DATE OF JUDGMENT: 06/28/2002 APPLICANT Mr S Borrow Leana Street Consulting Pty Ltd LEGAL REPRESENTATIVES: RESPONDENT Mrs L Clarke Employee Representative JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM : SAMS, DP 14 June 2002 Matter No. IRC02/2959 YATES VEGETABLE SEEDS PTY LTD CLERICAL AND ADMINISTRATION ENTERPRISE AGREEMENT Application by Arthur Yates and Co Ltd for approval of an Enterprise Agreement D E C I S I O N 1 Approval is sought from the Commission, pursuant to Div 2 Pt 2 ch 2 of the Industrial Relations Act 1996, for the registration of an enterprise agreement between Yates Vegetable Seeds Pty Ltd and it's employees; Jo-Anne Holden, Joanne Wilson, Jennifer Seaton, Loris-Ann Clarke, Jeanette Donoho and Patrice Green. The application was filed on 24 May 2002 and listed for hearing on 14 June, thereby fulfilling the requirements of s34(3) of the Act. 2 At the hearing of the matter, Mr S Borrow (Solicitor), appeared for the Company and Mrs L Clarke appeared on behalf of the employees. 3 At this hearing the Commission raised a number of concerns with the wording of certain of the clauses in the draft agreement. Mr Borrow undertook to review the document and make appropriate amendments. The application was adjourned until 28 June 2002. 4 On that occasion, Mr Borrow outlined the proposed changes and undertook to provide an amended document within 7 days. Three changes were proposed in correspondence sent to the Commission on 28 June 2002. These changes will be incorporated in the draft document. 5 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 met. 6 The application is accompanied by the required statement of particulars. 7 Setting out the relevant matters provided for in the Act and the Commission's Principles governing the approval process for Enterprise Agreements. 8 The Commission was provided with a comparison report prepared by the Deputy Industrial Registrar pursuant to s36 (5) of the Act. 9 The Agreement is to be read in conjunction with the Clerical and Administrative (State) Award and provisions not addressed by the Agreement will be referrable to the Award. 10 I note that a ballot of the employees affected by the terms of the Agreement has been conducted - that being a secret ballot, resulting in unanimous approval of the new Agreement. 11 The primary purpose of the Agreement is to relace and rescind the former agreement (EA00/257), which expired on 28 February 2002, and provide a wage increase for the six employees from 1 March, 2002. 12 The Agreement also provides the mandatory grievances and disputes procedure in Clause 9. Retrospective clause 13 Having considered the comparison report and the submissions of the parties. 14 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 are satisfied. 15 Accordingly, the Yates Vegetable Seeds Pty Ltd Clerical & Administrative Engerprise is approved pursuant to Section 35 of the Act, to take effect from 1 March 2002 and to remain in force for a period of two years thereafter. Peter Sams 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.