Industrial Relations Commission of New South Wales CITATION : Port Waratah Coal Services Enterprise Agreement 2002 [2002] NSWIRComm 249 PARTIES : Port Waratah Coal Services Limited; Transport Workers' Union of Australia, NSW Branch; Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union; Federated Clerks' Union of Australia, NSW Branch; Australian Workers' Union, NSW; Electrical Trades Union of Australia, NSW Branch; Construction, Forestry, Mining and Energy Union (NSW Branch). FILE NUMBER: IRC 4814 of 2002 CORAM: Harrison DP LEGISLATION CITED : Industrial Relations Act 1996 HEARING DATES: 08/22/2002 DATE OF JUDGMENT: 09/24/2002 Mr R Warren, Counsel Mr M Crosdale for TWU Mr R Wilson for ETU LEGAL REPRESENTATIVES: Mr G Mohan for AFME&PKIU Ms J White for MUA Mr D Wiggins for CFMEU JUDGMENT: - 2 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: HARRISON DP 24 September 2002 Matter No IRC 4814 of 2002 PORT WARATAH COAL SERVICES LIMITED ENTERPRISE AGREEMENT 2002 Application by Port Waratah Coal Services Limited for approval of an enterprise agreement. DECISION [2002] NSWIRComm 249 1 This is an application by Port Waratah Coal Services Limited ('the Company') seeking approval of an enterprise agreement made between the Company; the Transport Workers' Union of Australia, New South Wales Branch (TWU); the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AFME&PKIU); the Federated Clerks' Union of Australia, New South Wales Branch (FCU); the Australian Workers' Union, New South Wales (AWU), Electrical Trades Union of Australia, New South Wales Branch (ETU), and the Construction, Forestry, Mining and Energy Union (New South Wales Branch) (CFMEU). 2 The application was subject to hearing on 22 August 2002. Mr R Warren of Counsel appeared on behalf of the Company with Mr G Garvin. Mr M Crosdale appeared on behalf of the TWU. Mr R Wilson appeared on behalf of the ETU and AWU. Mr G Mohan appeared on behalf of the AFME&PKIU. Ms J White appeared on behalf of the Maritime Union of Australia (MUA) and the CFMEU. Mr D Wiggins appeared on behalf of the FCU. 3 The application is supported by the necessary Statement of Particulars and an affidavit signed by Mr G Garvin, Specialist Adviser Employee Relations, Port Waratah Coal Services, advising 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 All parties to the agreement indicate their consent by signature thereto and orally in these proceedings. 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 Port Waratah Coal Services Limited Enterprise Agreement 2002 is approved in the terms of the application, with effect from 22 August 2002, with retrospective effect as to wages and allowances from the first pay period on or after 1 August 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.