Industrial Relations Commission of New South Wales CITATION: Leonard Electrical Pty Ltd Construction Agreement 2004 - 2005 [2005] NSWIRComm 50 APPLICANT Electrical Trades Union of Australia, New South Wales Branch PARTIES: RESPONDENT Leonard Electrical Pty Ltd FILE NUMBER(S): 6544 of 2004 CORAM: Sams DP CATCHWORDS: Application for approval of enterprise agreement - electrical contracting industry - agreement to cover five employees - improved wages and conditions - agreement approved for registration. Industrial Relations Act 1996 Anti Discrimination Act 1977 LEGISLATION CITED: AWARD Electrical Electronic and Communications Contracting Industry (State) Award 318 IG 645 CASES CITED: Review of the Principles for Approval of Enterprise Agreements (2000) 101 IR 332 HEARING DATES: 11/18/2004 EXTEMPORE JUDGMENT DATE: 11/18/2004 APPLICANT LEGAL REPRESENTATIVES: Ms N Kastoun Electrical Trades Union of Australia, New South Wales Branch (also representing the respondent, Leonard Electrical Pty Ltd) JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM : SAMS, DP 18 November 2004 Matter No. IRC04/6544 LEONARD ELECTRICAL PTY LTD CONSTRUCTION ENTERPRISE AGREEMENT 2004-2005 Application by the Electrical Trades Union of Australia, New South Wales Branch for approval of an enterprise agreement EX TEMPORE DECISION [2005] NSWIRComm 50 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 approval of an enterprise agreement between the Electrical Trades Union of Australia, New South Wales Branch and Leonard Electrical Pty Ltd. The application was filed on 9 November 2004 and listed for hearing on 18 November, thereby fulfilling the requirements of s34(3) of the Act. 2 At the hearing of the matter, Ms N Kastoun appeared for the applicant. The Commission was advised in writing by Mr Michael Leonard, Company Director, that the Union would be appearing on its behalf and that it consented to the registration of the Agreement. 3 Before approving an enterprise agreement, the Commission must be satisfied that the statutory requirements, as outlined in the Industrial Relations Act 1996, 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 satisfied. 4 The application is accompanied by the required affidavit, deposed to on 3 November 2004 by Mr B Riordan, Secretary of the Electrical Trades Union of Australia, New South Wales Branch. 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 five employees engaged pursuant to the Electrical, Electronic and Communications Contracting Industry (State) Award. Where the Agreement is silent, the parent Award shall apply. The Agreement provides for wage rates and other conditions of employment in excess of the Award. 6 Having heard the submissions of the Union and upon reviewing the terms of the Agreement, I am satisfied that the parties understand the effect of their Agreement, 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 the relevant Award. 7 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 complied with. 8 Pursuant to s35 of the Act, I therefore approve an Enterprise Agreement to be known as the Leonard Electrical Pty Ltd Construction Enterprise Agreement 2004-2005 to take effect from today's date and remain in force until 30 October 2005. 9 These proceedings are thereby concluded. 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.