Industrial Relations Commission of New South Wales CITATION: Waste Recycling and Processing Corporation Waste Collection and Transport Agreement 2004 [2005] NSWIRComm 137 APPLICANT Waste Recycling and Processing Corporation, t/as WSN Environmental Solutions PARTIES: RESPONDENT Transport Workers' Union of Australia, New South Wales branch FILE NUMBER(S): 1628 of 2005 CORAM: Sams DP CATCHWORDS: Application for approval of enterprise agreement - agreement to cover transport drivers - wages and conditions - agreement approved for registration. Industrial Relations Act 1996 Ant Discrimination Act 1977 LEGISLATION CITED: AWARD Transport Industry Waste Collection and Recycling (State) Award 2003 342 IG 447 CASES CITED: Review of the Principles for Approval of Enterprise Agreements (2000) 101 IR 332 HEARING DATES: 04/22/2005 EXTEMPORE JUDGMENT DATE: 04/22/2005 APPLICANT Mr R Mouwad, Industrial Advocate Diplomacy Consulting LEGAL REPRESENTATIVES: RESPONDENT Mr C Heuston Transport Workers Union of Australia, New South Wales Branch JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM : SAMS, DP 22 April 2005 Matter No. IRC05/1628 WASTE RECYCLING AND PROCESSING CORPORATION WASTE COLLECTION AND TRANSPORT AGREEMENT 2004 Application by WSN Environmental Solutions for approval of an enterprise agreement EX TEMPORE DECISION [2005] NSWIRComm 137 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 Waste Recycling and Processing Corporation, trading as WSN Environmental Solutions and the Transport Workers' Union of Australia, New South Wales Branch. The application was filed on 31 March 2005 and listed for hearing on 22 April, thereby fulfilling the requirements of s34(3) of the Act. 2 At the hearing of the matter, Mr R Mouwad Industrial Advocate, appeared for the applicant and Mr C Heuston represented the respondent Union. 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 on 31 March 2005 by Mr R Mouwad, Industrial Advocate of Diplomacy Consulting. 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 a small group of ten drivers to be shortly employed by the Corporation. The Corporation has other awards and agreements with respective Unions covering all other employees in the organisation. 6 This agreement shall prevail over the Transport Industry Waste Collection and Recycling (State) Award 2003. Where the Agreement is silent, the parent Award shall apply. Under the terms of the Agreement two wage increases have already been paid with a further increase available on 1 July 2005. At the request of the parties, the Agreement's expiry in September this year will coincide with negotiations for a new Award. 7 Having heard the submissions of the parties 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. The Agreement is a result of negotiations between the Union and the Corporation. 8 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. Pursuant to s35 of the Act, I therefore approve an Enterprise Agreement to be known as the Waste Recycling and Processing Corporation Waste Collection and Transport Agreement 2004 to take effect from today's date and to remain in force until 4 September 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.