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. 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 Adsteam Harbour Newcastle Lines Enterprise Bargaining Agreement 2004 is approved in the terms of the application with effect from 1 March 2004 for a period of three years therefrom. 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.