Industrial Relations Commission of New South Wales CITATION : People Living with HIV/AIDS (NSW) Enterprise Agreement 2002 [2002] NSWIRComm 368 APPLICANT PARTIES : Australian Services Union of New South Wales EMPLOYER People Living with HIV/AIDS (NSW) FILE NUMBER: 4778 of 2002 CORAM: Sams DP CATCHWORDS : Application for approval of enterprise agreement - wage increases based on CPI adjustments - agreement to operate in conjunction with two awards - agreement ratified for three years. LEGISLATION CITED : Industrial Relations Act 1996 Anti Discrimination Act 1977 Review of the Principles for Approval of Enterprise Agreements 2000, 101 IR 332 CASES CITED : Social and Community Services (State) Award, 329 IG 833 Journalist (Specialist Publications) Award 1996, 328 IG 238 HEARING DATES: 08/28/2002 DATE OF JUDGMENT: 08/28/2002 APPLICANT Ms D Lotty, Australian Services Union of New South Wales LEGAL REPRESENTATIVES: EMPLOYER Mr A Nicholas and Mr W Klaasen JUDGMENT: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: SAMS, DP 28 August 2002 Matter No. IRC02/4778 PEOPLE LIVING WITH HIV/AIDS (NSW) ENTERPRISE AGREEMENT 2002 Application by the Australian Services Union of New South Wales for approval of an Enterprise Agreement EX TEMPORE DECISION [2002] NSWIRComm 368 1 Approval is sought from the Commission, pursuant to Div 2 Pt 2 ch 2 of the Industrial Relations Act 1996, for the registration of an enterprise agreement between the organisation People Living with HIV/AIDS (NSW) and the Australian Services Union of New South Wales and the Media Entertainment and Arts Alliance, New South Wales Branch. The application was filed on 19 August 2002 and listed for hearing on 28 August, thereby fulfilling the requirements of s34(3) of the Act. 2 At the hearing of the matter, Ms D Lotty, appeared for the Australian Services Union and Mr A Nicholas and Mr W Klaasen appeared for the employer. 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 met. 4 The application is accompanied by the required statement of particulars, although I note that the reference to the term of the Agreement being eighteen months is incorrect and should read three years. 5 The affidavit sets out the relevant matters provided for in the Act and the Commission's Principles governing the approval process for Enterprise Agreements. 6 The documents filed include affidavits sworn by Mr Luke Foley of the Australian Services Union of New South Wales, dated 13 August 2002 and Ms Michel Hryce, the New South Wales Branch Secretary of the Media, Entertainment and Arts Alliance. The affidavits indicate that the Agreement complies with the requirements of the Acts earlier referred to, that the parties understand the effect of their Agreement and that the Agreement is to operate in conjunction with two awards; namely, the Social and Community Services (State) Award and the Journalists (Specialist Publications) Award 1996. 7 The Commission was informed during the proceedings that the Agreement covers some six full time employees and two part time employees and replaces an Agreement that expired in May 2000, IRC2169 of 1998. Negotiations for the new agreement have taken place over six months and involved full consultation with the employees affected. 8 The Agreement provides for periodic wage increases in accordance with CPI movements during the life of the Agreement. It also provides for the mandatory disputes settlement procedure at cl 40. 9 I am satisfied, from the submissions that have been made, that the parties understand the effect of their Agreement, that the Agreement was not entered into under duress, and that there is no net detriment to the employees otherwise bound by he terms and conditions of the relevant awards. 10 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. 11 I therefore approve for registration the Enterprise Agreement to be known as People Living with HIV/AIDS (NSW) Enterprise Agreement 2002 to take effect from today's date and remain in force for a period of three years thereafter. Peter Sams 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.