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. 5 Mr Martin submitted that the agreement presented for approval is a second generation agreement with only three significant differences to the previous agreement. They are, firstly, the inclusion of the Quarrying Industry (State) Award as an award applicable to this workplace; secondly, the inclusion of an Income Protection Insurance Scheme; and thirdly, the inclusion of a sick leave bonus. 6 Mr Martin submitted that the agreement was negotiated in consultation between the parties and approved unanimously by the employees. Mr Martin further submitted that the agreement complies with all relevant statutory requirements, does not provide a "net detriment' to employees, and satisfies the principles for approval of an enterprise agreement. 7 Mr Stoker enunciated the support of their organisations for approval of the agreement. 8 I am satisfied that the material presented to the Commission adequately demonstrates that the Agreement submitted for approval complies with all necessary tests. 9 The Geoffrey Stewart Constructions Pty Ltd Enterprise Agreement 2002-2004 is approved in the terms of the application, with effect from 26 June 2002 to remain in force for two years therefrom. 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.