Industrial Relations Commission of New South Wales CITATION : Incitec Ltd - Cockle Creek Enterprise Agreement 2002 [2003] NSWIRComm 13 PARTIES : Incitec Ltd - Cockle Creek The Australian Workers' Union, NSW, Electrical Trades Union of Australia, NSW Branch, and Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union FILE NUMBER: IRC 7085 of 2002 CORAM: Harrison DP CATCHWORDS : Application for approval of enterprise agreement Agreement approved in terms of application LEGISLATION CITED : Industrial Relations Act 1996 HEARING DATES: 12/20/2002 DATE OF JUDGMENT: 02/06/2003 APPLICANT Mrs E Morson, Australian Industry Group NSW LEGAL REPRESENTATIVES: RESPONDENT Mr P Sullivan, Australian Workers Union, NSW Mr R Alexander, Electrical Trades Union, NSW JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: HARRISON DP 6 February 2003 Matter No IRC 7085 of 2002 INCITEC LTD - COCKLE CREEK ENTERPRISE AGREEMENT 2002 Application by Australian Industry Group, NSW Branch for approval of an enterprise agreement. DECISION [2003] NSWIRComm 13 1 This is an application by the Australian Industry Group, New South Wales Branch (AIG) on behalf of Incitec Ltd - Cockle Creek ('the company") seeking approval of an enterprise agreement between the company and The Australian Workers' Union, New South Wales (AWU), Electrical Trades Union of Australia, New South Wales Branch (ETU), and Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU) ("the unions"). 2 The application was subject to hearing on 20 December 2002. Mrs E Morson appeared on behalf of the AIG. Mr P Sullivan appeared on behalf of the AWU and the AMWU. Mr R Alexander appeared on behalf of the ETU. 3 The application is supported by the necessary Statement of Particulars and an affidavit signed by Ms Michelle Armstrong in her capacity of Human Resources Manager 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 Messrs Sullivan and 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 Ltd - Cockle Creek Enterprise Agreement 2002 is approved in the terms of the application, with effect from 20 December 2002 to remain in force for a period of 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.