Industrial Relations Commission of New South Wales CITATION: Yates Wyee Enterprise Agreement 2005 [2005] NSWIRComm 350 National Union of Workers, NSW Branch PARTIES: Yates Australia FILE NUMBER(S): IRC 4461 of 2005 CORAM: Harrison DP CATCHWORDS: Application for approval of enterprise agreement - Agreement to apply to storemen and packers at Yates Australia's Wyee plant - Agreement approved LEGISLATION CITED: Industrial Relations Act 1996 HEARING DATES: 09/09/2005 EXTEMPORE JUDGMENT DATE: 09/29/2005 APPLICANT Ms M Bernardi NUW LEGAL REPRESENTATIVES: RESPONDENT Mrs E Morson AIG JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: HARRISON DP 29 September 2005 Matter No IRC 4461 of 2005 YATES WYEE ENTERPRISE AGREEMENT 2005 Application by National Union of Workers, New South Wales Branch for approval of an enterprise agreement DECISION [2005] NSWIRComm 350 1 This is an application filed by the National Union of Workers, New South Wales Branch ("the union") seeking approval of an enterprise agreement between Yates Australia ("the Company"), persons employed as storemen and packers at the Company's Wyee plant and the Union. 2 The application was subject to hearing on 9 September 2005. Ms M Bernardi appeared with Mr J Townsend for the Union. Mrs E Morson of Australian Industry Group, New South Wales Branch (AIG) appeared on behalf of the Company. 3 The application is supported by the necessary Statement of Particulars and an affidavit signed by Mr W Meaney, Assistant State Secretary of the Union, attesting 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 Ms Bernardi endorsed the application and supporting Statement of Particulars and sought approval of the agreement with effect from 17 January 2005 with an expiry date of 30 November 2006. 5 Mrs Morson enunciated the support of the Company for approval of the agreement in the terms of the application. 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 Yates Wyee Enterprise Agreement 2005 is approved in the terms of the application with effect from 17 January 2005 to remain in place until 30 November 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.