Geoffrey Stewart Constructions Pty Ltd Enterprise Agreement 2002-2004 [2002] NSWIRComm 152

Industrial Relations Commission of New South Wales

CITATION : Geoffrey Stewart Constructions Pty Ltd Enterprise Agreement 2002-2004 [2002] NSWIRComm 152 APPLICANT PARTIES : Geoffrey Stewart Constructions Pty Ltd RESPONDENT Australian Workers' Union, NSW FILE NUMBER: IRC 3559 of 2002 CORAM: Harrison DP CATCHWORDS : Application for approval of enterprise agreement - second generation agreement - agreement approved LEGISLATION CITED : Industrial Relations Act 1996 HEARING DATES: 06/26/2002 DATE OF JUDGMENT: 07/02/2002

APPLICANT Mr D Martin, solicitor Australian Business Lawyers LEGAL REPRESENTATIVES: RESPONDENT Mr M Stoker, Australian Workers' Union, NSW

JUDGMENT: - 2 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: HARRISON DP 2 July 2002

Matter No IRC 3559 of 2002

GEOFFREY STEWART CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMET 2002-2004

Application by Geoffrey Stewart Constructions Pty Ltd for approval of an enterprise agreement.

DECISION

1 This is an application by Geoffrey Stewart Constructions Pty Ltd ('the company') seeking approval of an enterprise agreement between the company, its employees, and The Australian Workers' Union, New South Wales ('the Union). 2 The application was subject to hearing on 26 June 2002. Mr D Martin, Solicitor, Australian Business Lawyers, appeared on behalf of the Company. Mr M Stoker appeared on behalf of the Union. 3 The application is supported by the necessary Statement of Particulars and an affidavit signed by Mr Geoffrey Watman, Managing Director 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 The Commission is also provided with a comparison table which compares the conditions of employment provided by the agreement with the Metal and Engineering Industry (NSW) Interim Award 264 IG 536; the General Construction and Maintenance, Civil and Mechanical Engineering &c (State) Award 318 IG 720; the Plant &c Operators On Construction (State) Award 329 IG 625; and the Quarrying Industry (State) Award 316 IG 961.