Industrial Relations Commission of New South Wales CITATION: Barrier Social Democratic Club Enterprise Agreement 2005 [2005] NSWIRComm 415 APPLICANT Barrier Social Democratic Club PARTIES: RESPONDENT Broken Hill Town Employees Union FILE NUMBER(S): 2989 of 2005 CORAM: Sams DP CATCHWORDS: Application for approval of enterprise agreement - Club industry in Broken Hill - wages and conditions - - history of earlier agreement - no relevant Award - agreement to replace previous agreement - agreement to have retrospective operation - agreement ratified for three years. Industrial Relations Act 1996 LEGISLATION CITED: Anti Discrimination Act 1977 CASES CITED: Review of the Principles for Approval of Enterprise Agreements (2000) 101 IR 332 HEARING DATES: 06/23/2005 EXTEMPORE JUDGMENT DATE: 06/23/2005 APPLICANT Mr S McCarthy, Agent McCarthy Ausgroup Pty Ltd LEGAL REPRESENTATIVES: RESPONDENT Mr D Blairs, Mr V Burzins and Ms R Greenwood Broken Hill Town Enployees' Union JUDGMENT: - 3 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM : SAMS, DP 23 June 2005 Matter No. IRC05/2989 BARRIER SOCIAL DEMOCRATIC CLUB ENTERPRISE AGREEMENT 2005 Application by Barrier Social Democratic Club for approval of an enterprise agreement DECISION (ex tempore) [2005] NSWIRComm 415 1 Approval is sought from the Commission, pursuant to Div 2 Pt 2 ch 2 of the Industrial Relations Act 1996 ("the Act"), for the registration of an enterprise agreement between the Barrier Social Democratic Club ("the Club"), the Broken Hill Town Employees' Union ("the Union") and certain other employees of the Club who are not union employees. The application was filed on 10 June 2005 and listed for hearing, via tele conference from Broken Hill, on 23 June, thereby fulfilling the requirements of s34(3) of the Act. 2 At the hearing of the matter Mr S McCarthy, Agent, appeared for the applicant Club and Mr D Blairs, Mr V Burzins and Ms R Greenwood represented the Broken Hill Town Employees' Union. 3 Before approving an enterprise agreement, the Commission must be satisfied that the statutory requirements, as outlined in the Act, 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 and an affidavit deposed to on 10 June 2005 by Mr Mark Diamond, solicitor acting on behalf of the Club. The affidavit sets out the relevant matters provided for in the Act and the Commission's Principles governing the approval process for enterprise agreements. 5 The agreement is to cover some 34 employees of the Club and replaces an earlier agreement registered by the Commission as presently constituted in matter IRC 4035 of 2002, being a decision given on 18 July 2002. 6 The agreement provides inter alia wage increases of 4 per cent from 1 April 2005 and two further increases of 4 per cent on the twelve month anniversary of 1 April thereafter. 7 The agreement also provides for a number of important changes that were outlined by Mr McCarthy on the record including changes to the standard hours, overtime provisions, consultative provisions, changes to long service leave and annual leave provisions and other allowances and reflects a comprehensive attempt to cover all the particular circumstances relevant to the Club, its operations and its employees. 8 The Commission is also aware that this matter comes before the Commission on this occasion without any industrial disputation associated with it and/or disagreements about the matters that formed the basis of the Commission's earlier decision in 2002. In that respect the Commission congratulates the parties on the manner in which the negotiations were conducted and which have resulted in an agreement on this occasion without disputation. 9 Having heard the submissions of the parties and on reviewing the terms of the agreement, I am satisfied that the parties understand the effect of their agreement. I am further satisfied that the agreement was not entered into under duress and that there is no net detriment to the employees otherwise bound by the terms and conditions of any relevant award; although I note there is a reference to the employees being award free as what might be said to be the relevant award, the Club Employees (State) Award (NSW), does not apply in the County of Yancowina. 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 satisfied. 11 I note that the parties requested the agreement to apply from 1 April 2005 and that there is no legislative prohibition for enterprise agreements having retrospective application. I approve of the agreement applying from that date and it is to remain in force for a period of three years thereafter. 12 Accordingly, the Barrier Social Democratic Club Enterprise Agreement 2005 is approved pursuant to s 35 of the Act, to take effect from 1 April 2005 and to remain in force for a period of three years thereafter. 13 The proceedings are concluded on that basis and I congratulate the parties on the negotiations which have produced this agreement, bearing in mind the Commission's knowledge and history of the earlier agreement negotiations in 2002. Peter J Sams, AM 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.