Industrial Relations Commission of New South Wales CITATION : Incitec Kooragang Island Shutdown Maintenance Agreement (2003) [2003] NSWIRComm 156 APPLICANT Australian Industry Group for Hi-Point Personnel Pty Ltd PARTIES : RESPONDENT Australian Workers Union, NSW Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (NSW Branch) Electrical Trades Union of Australia (NSW Branch) FILE NUMBER: IRC 2384 of 2003 CORAM: Harrison DP CATCHWORDS : Application for approval of enterprise agreement - electrical, engineering, metal working and fabrication and civil construction work carried out during maintenance and shutdowns - agreement approved LEGISLATION CITED : Industrial Relations Act 1996 HEARING DATES: 05/13/2005 EXTEMPORE JUDGMENT DATE : 05/16/2003 APPLICANT Ms L Palmer Australian Industry Group LEGAL REPRESENTATIVES: RESPONDENTS Mr R Alexander, ETU & AFME&PKIU Mr S Wyatt, AWU JUDGMENT: - 2 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: HARRISON DP 15 May 2003 Matter No IRC 2384 of 2003 THE INCITEC KOORAGANG ISLAND SHUTDOWN MAINTENANCE AGREEMENT (2003) Application by The Australian Industry Group New South Wales for approval of enterprise agreement DECISION [2003] NSWIRComm 156 1. This is an application by The Australian Industry Group New South Wales ('AIG') on behalf of Hi-Point Personnel Pty Ltd ('the company') seeking approval of an enterprise agreement between the company and The Australian Workers' Union of New South Wales ('AWU'), The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (NSW Branch) ('AMWU') and The Electrical Trades Union of Australia, NSW Branch ('ETU') to apply to contract labour and sub-contractors engaged on the Incitec Kooragang Island site for shutdown maintenance work. 2. The application was subject to hearing on 13 May 2003. Ms L Pamer appeared on behalf of the AIG. Mr S Wyatt apeared on behalf of the AWU; Mr R Alexander appeared on behalf of the ETU and AMWU. 3. The application is supported by the necessary Statement of Particulars and an affidavit signed by Mr J Gambrill, in his capacity as Manager/ Engineer of the Company, certifying that the agreement complies with the relevant statutory requirements; satisfies the no net detriment test; was not entered into under duress; and complies with the principles for approval determined by the Commission. 4. Mr S Wyatt and Mr Alexander enunciated the support of their organisations for approval of the agreement. 5. I am satisfied that the material presented to the Commission adequately demonstrates that the Agreement submitted for approval complies with all necessary tests. 6. The Incitec Kooragang Island Shutdown Maintenance Agreement (2003) is approved in the terms of the application, with effect from 13 May 2003 to remain in force for 12 months. 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.