Adsteam Harbour Newcastle Lines Enterprise Bargaining Agreement 2004 [2004] NSWIRComm 283

Industrial Relations Commission of New South Wales

CITATION : Adsteam Harbour Newcastle Lines Enterprise Bargaining Agreement 2004 [2004] NSWIRComm 283 PARTIES : Adsteam Harbour Pty Limited Seamen's Union of Australia, NSW Branch (SUA) FILE NUMBER: IRC 5191 of 2004 CORAM: Harrison DP CATCHWORDS : Application for approval of enterprise agreement - employees engaged in lines and mooring operations, small tug and work boat service in Newcastle - agreement approved LEGISLATION CITED : Industrial Relations Act 1996 HEARING DATES: 09/06/2004 EXTEMPORE JUDGMENT DATE : 09/23/2004

APPLICANT Solicitor Mr A Woods LEGAL REPRESENTATIVES: Fisher Cartwright Berriman

RESPONDENT Mr L Cavell (SUA)

JUDGMENT: - 2 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: HARRISON DP 23 September 2004

Matter No IRC 5191 of 2004

ADSTEAM HARBOUR NEWCASTLE LINES ENTERPRISE BARGAINING AGREEMENT 2004

Application by State Transit Authority of New South Wales for approval of an enterprise agreement. DECISION [2004] NSWIRComm 283 1 This is an application by Adsteam Harbour Pry Limited ("Adsteam") seeking approval of an enterprise agreement between Adsteam and the Seamen's Union of Australia, NSW Branch (SUA) to apply all employees of Adsteam engaged in the lines and mooring operations, samll tug and work boat service in Newcastle.

2 The application was heard on 6 September 2004. Mr A Woods, solicitor of Fisher Cartwright Berriman, appeared on behalf of Adsteam with Mr A Tickle. Mr L Covell appeared on behalf of the SUA. 3 The application is supported by the necessary Statement of Particulars and an affidavit signed by Ms Margaret Fulham, Manager Employee Relations of Adsteam, certifying 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 Mr Hanson endorsed the application and supporting Statement of Particulars and sought approval of the agreement with effect for three years from 1 March 2004. 5 Mr Covell enunciated the support of the SUA for approval of the agreement.