Industrial Relations Commission of New South Wales Hymix Australia Pty Limited Concrete Cartage Enterprise Agreement [2005] NSWIRComm 65 CITATION: This decision has been amended. Please see the end of the judgment for a list of the amendments. Hymix Australia Pty Limited PARTIES: Transport Workers' Union of Australia, New South Wales Branch (TWU) FILE NUMBER(S): IRC 628 of 2005 CORAM: Harrison DP CATCHWORDS: Application for approval of enterprise agreement - agreement relating to trade or occupation of concrete agitator vehicle driver - agreement approved. LEGISLATION CITED: Industrial Relations Act 1996 HEARING DATES: 02/25/2005 EXTEMPORE JUDGMENT DATE: 03/07/2005 APPLICANT Solicitor Mr A Powter LEGAL REPRESENTATIVES: Turks Legal RESPONDENT Ms S Crawford JUDGMENT: - 2 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: HARRISON DP 7 MARCH 2005 Matter No IRC 628 of 2005 HYMIX AUSTRALIA PTY LIMITED CONCRETE CARTAGE ENTERPRISE AGREEMENT Application by Hymix Australia Pty Limited for approval of enterprise agreement DECISION [2005] NSWIRComm 65 1 This is an application by Hymix Australia Pty Limited ("the Company") seeking approval of an enterprise agreement between the Company and the Transport Workers' Union of New South Wales ("the Union"). The Agreement shall be binding on any and all employees, whether members of the Union or not, employed by the Company to cart premixed concrete or batched materials at the Company's Mayfield, Toronto, Rutherford and Belmont Concrete Plants. 2 The application was subject to hearing on 25 February 2005. Mr A Powter, solicitor of Turks Legal, appeared on behalf of the Company with Mr M Spencer. Ms S Crawford appeared on behalf of the Union. 3 The application is supported by the necessary Statement of Particulars and an affidavit signed by Mr Mark Spencer of the Company in his capacity as Area Manager, Newcastle, deposing that the agreement complies with all relevant statutory requirements, satisfies the no net detriment test and was not entered into under duress. 4 Mr Powter in the course of submissions took the Commission to the detail of Agreement and endorsed the compliance of the Agreement to the relevant provisions for approval of enterprise agreements. 5 Ms Crawford enunciated the Union's support for approval of the Agreement. 6 I am satisfied that the application adequately demonstrates that the Agreement submitted for approval complies with all necessary tests and has the genuine consent of the parties. 7 The Hymix Australia Pty Limited Concrete Cartage Enterprise Agreement is made in accordance with the application to take effect on and from 11 October 2004 and remain in force for a period of 24 months therefrom. oo0oo AMENDMENTS HISTORY: 29/03/2005 - Date of decision recorded incorrectly at first instance - Paragraph(s) 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.