Industrial Relations Commission of New South Wales CITATION : Fresh Start Bakeries Australia Pty Limited (NSW) Enterprise Award 2004 [2004] NSWIRComm 284 APPLICANT PARTIES : Australian Liquor, Hospitality and Miscellaneous Workers' Union, New South Wales Branch RESPONDENT Fresh Start Bakeries Australia Ltd FILE NUMBER: 5284 of 2004 CORAM: Sams DP CATCHWORDS : Application for a new enterprise award - s11 of the Act - baking industry - wage increases - section 19 of the Act complied with - consent of the parties - award does not offend wage fixing principles - compliance with the requirements of the Act - enterprise award made - previous award rescinded. LEGISLATION CITED : Industrial Relations Act 1996 CASES CITED : State Wage Case 2004 [2004] NSWIRComm 148 HEARING DATES: 09/21/2004 EXTEMPORE JUDGMENT DATE : 09/21/2004 APPLICANT: Mr M Vance, Australian Liquor, Hospitality and Miscellaneous Workers' Union, New South Wales Branch LEGAL REPRESENTATIVES: RESPONDENT: Mr A Woods, Solicitor Fisher Cartwright Berriman JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM : SAMS, DP 21 September 2004 Matter No. IRC04/5284 FRESH START BAKERIES AUSTRALIA PTY LIMITED (NSW) ENTERPRISE AWARD 2004 Application by Australia Liquor, Hospitality and Miscellaneous Workers Union, New South Wales Branch for a new Enterprise Award EX TEMPORE DECISION [2004] NSWIRComm 284 1 Approval is sought from the Commission, pursuant to Section 11 of the Industrial Relations Act 1996 ('the Act') for the approval of an enterprise award between the Australia Liquor, Hospitality and Miscellaneous Workers Union, New South Wales Branch ('the Union) and Fresh Start Bakeries Australia Pty Limited ('the Respondent). The application was filed on 1 September 2004 and listed for hearing on 21 September, thereby fulfilling the requirements of s34(3) of the Act. 2 At the hearing of the matter, Mr M Vance appeared for the union representing the employees to be covered by the Agreement and Mr A Woods (Solicitor) appeared for the respondent. 3 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 satisfied. 4 Having heard the submissions of the parties and upon reviewing the terms of the Award, I am satisfied that the parties understand the effect of their Award, that the Award was not entered into under duress, and that there is no net detriment to the employees otherwise bound by the terms and conditions of the relevant Award. 5 In accordance with previous decisions of the Commission, there is no legislative prohibition for enterprise agreements having retrospective application. At the request of the parties, I therefore approve the agreement applying on and from 1 September 2004. 6 In all other respects I am satisfied that the legislative requirements for approval have been met and the Commission's Principles dealing with Enterprise Awards have been complied with. 7 Pursuant to s19 of the Act, I therefore approve an Enterprise Award to be known as the Fresh Start Bakeries Australia Pty Limited (NSW) enterprise award 2004 to take effect from 1 September 2004 and remain in force for a period of three years. 8 These proceedings are thereby concluded. Peter J Sams, AM 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.