Industrial Relations Commission of New South Wales CITATION : Murray Irrigation Enterprise Agreement 2003 [2003] NSWIRComm 258 APPLICANT Murray Irrigation Limited RESPONDENTS PARTIES : Australian Workers' Union, New South Wales Branch Construction, Forestry, Mining and Energy Union (New South Wales Branch) Public Service Association and Professional Officers' Asociation Amalgamated Union of New South Wales Transport Workers' Union of New South Wales FILE NUMBER: 3931 of 2003 CORAM: Sams DP CATCHWORDS : Application for approval of enterprise agreement - irrigation industry - agreement replaces expired agreement - wage increases - agreement to operate to the exclusion of award - agreement ratified. LEGISLATION CITED : Industrial Relations Act 1996 Anti Discrimination Act 1977 Review of the Principles for Approval of Enterprise Agreements 2000, 101 IR 332 Murray Irrigation Enterprise Agreement 2001 [2003] NSWIRComm 24 CASES CITED : AWARD Murray Irrigation Consent Award 1996 HEARING DATES: 08/06/2003 EXTEMPORE JUDGMENT DATE : 08/06/2003 APPLICANT Ms S McKinnon, Agent IR Australia Pty Ltd LEGAL REPRESENTATIVES: RESPONDENTS Mr P Howes, Australian Workers' Union, New South Wales Branch Ms F Collins, Public Service Association and Professional Officers Association Amalgamated Union of New South Wales Mr M Kaine, Transport Workers' Union of New South Wales JUDGMENT: - 3 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM : SAMS, DP 6 August 2003 Matter No. IRC03/3931 MURRAY IRRIGATION ENTERPRISE AGREEMENT 2003 Application by Murray Irrigation Limited for approval of enterprise agreement EX TEMPORE DECISION [2003] NSWIRComm 258 1 Approval is sought from the Commission, pursuant to Div 2 Pt 2 ch 2 of the Industrial Relations Act 1996, for the registration of an enterprise agreement between Murray Irrigation Limited and the Australian Workers' Union, New South Wales Branch; the Construction, Forestry, Mining and Energy Union (New South Wales Branch); the Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales and the Transport Workers' Union of New South Wales. 2 The application was filed on 16 July 2003 and listed for hearing on 6 August 2003, thereby fulfilling the requirements of s34(3) of the Act. 3 At the hearing of the matter Ms S McKinnon from IR Australia Pty Ltd appeared for Murray Irrigation Limited; Mr P Howes appeared for the Australian Workers' Union, New South Wales; Ms F Collins for the Public Service Association and Professional Officers Association Amalgamated Union of New South Wales and Mr M Kaine for the Transport Workers' Union of New South Wales. There was no appearance for the Construction, Forestry, Mining and Energy Union (New South Wales) although I note that it is a signatory to the agreement. 4 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 met. 5 The application is accompanied by the required statement of particulars and an affidavit sworn by Ms Sarah McKinnon, Industrial Adviser to Murray Irrigation Limited, on 14 July 2003. The affidavit states that the Agreement complies with all of the requirements of the Acts earlier referred to, that the parties understand the effect of their Agreement and that the Agreement provides no net detriment to the employees who would otherwise be bound to the Murray Irrigation Consent Award 1996. This Agreement shall operate to the exclusion of that award. The Agreement replaces the Murray Irrigation Limited Enterprise Agreement 2001, which expired on 10 April 2003. 6 The Agreement provides for two wage increases, the first 3.3 per cent increase applying from 1 June 2003 and a further 3.3 per cent twelve months from the date of approval of the Agreement. The Agreement also provides for other improvements in conditions and incorporates the stand down provisions relating to drought conditions which was the subject of a separate application pursuant to s126 of the Act and decided by the Commission on 22 November 2002 ([2003] NSWIRComm 24). I note that at the time those arrangements resulted in a four day week being worked by the employees. However, as a result of the increased availability of water, that arrangement has been discontinued. The agreement also provides the mandatory disputes procedure in clause 42, and includes other test case standards of this Commission. 7 Having heard the submissions of the parties and reviewing the terms of the Agreement, I am satisfied there is no net detriment to the employees otherwise bound by the terms and conditions of the aforementioned award. 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 I therefore approve for registration the Enterprise Agreement to be known as Murray Irrigation Limited Enterprise Agreement 2003, to take effect from 6 August 2003 and to remain in force for a period of two years thereafter. 9 The proceedings are concluded on that basis. Peter Sams 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.