Industrial Relations Commission of New South Wales CITATION: P & J Doc Electrical Services Pty Ltd Construction Enterprise Agreement 2004 - 2005 [2005] NSWIRComm 45 APPLICANT Electrical Trades Union of Australia, New South Wales Branch PARTIES: RESPONDENT P & J Doc Electrical Services Pty Ltd FILE NUMBER(S): 6543 of 2004 CORAM: Sams DP CATCHWORDS: Application for approval of enterprise agreement - electrical contracting industry - Union agreement - no employees at present time - enterprise agreement to cover future employees - above award payments and conditions - agreement approved for registration. Industrial Relations Act 1966 Anti Discrimination Act 1977 LEGISLATION CITED: AWARD Electrical Electronic and Communications Contracting Industry (State) Award 318 IG 645 CASES CITED: Review of the Principles for Approval of Enterprise Agreements (2000) 101 IR 332 HEARING DATES: 11/18/2004 EXTEMPORE JUDGMENT DATE: 11/18/2004 APPLICANT Ms N Kastoun Electrical Trades Union of Australia, New South Wales Branch LEGAL REPRESENTATIVES: RESPONDENT Mr P J Docherty P & J Doc Electrical Services Pty Ltd JUDGMENT: - 2 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: SAMS, DP 18 November 2004 Matter No. IRC04/6550 P&J DOC ELECTRICAL SERVICES PTY LTD CONSTRUCTION ENTERPRISE AGREEMENT 2004-2005 Application by the Electrical Trades Union of Australia, New South Wales Branch for approval of an enterprise agreement EX TEMPORE DECISION [2005] NSWIRComm 45 1 Approval is sought from the Commission, pursuant to Div 2 Pt 2 ch 2 of the Industrial Relations Act 1996 ('the Act') for the approval of an enterprise agreement between the Electrical Trades Union of Australia, New South Wales Branch and P&J Doc Electrical Services Pty Limited. The application was filed on 9 November 2004 and listed for hearing on 18 November, thereby fulfilling the requirements of s34(3) of the Act. 2 At the hearing of the matter, Ms R Kastoun appeared for the applicant Union and Mr P J Docherty represented 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 The application is accompanied by the required affidavit deposed to on 3 November by Mr B Riordan, Secretary of the Electrical Trades Union of Australia, New South Wales Branch. The affidavit sets out the relevant matters provided for in the Act and the Commission's Principles governing the approval process for enterprise agreements. 5 Mr Docherty advised the Commission that, whilst the respondent presently had no employees, he wished to have the agreement in place so that future employees to be engaged pursuant to the Electrical, Electronic and Communications Contracting Industry (State) Award, will be employed on wage rates significantly higher than those provided for in the Award. 6 Having heard the submissions of the parties and upon reviewing the terms of the Agreement, I am satisfied that the parties understand the effect of their Agreement, that the Agreement was not entered into under duress, and that there will be no net detriment to future employees otherwise bound by the terms and conditions of the relevant Award. 7 In all other respects I am satisfied that the legislative requirements for approval have been met and the Commission's Principles dealing with Enterprise Agreements have been complied with. 8 Pursuant to s35 of the Act, I therefore approve an Enterprise Agreement to be known as the P&J Doc Electrical Services Pty Ltd Construction Enterprise Agreement 2004-2005 to take effect from today's date and remain in force until 30 October 2005. 9 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.