Industrial Relations Commission of New South Wales CITATION: Star Track Express Enterprise Bargaining Agreement (November 2004 - February 2007) and Notification under ss 130 and 332 by the Transport Workers' Union of New South Wales of a Dispute with Multigroup Distribution Services Pty Ltd t/as Star Track Express [2005] NSWIRComm 306 APPLICANT (IRC2931/05) RESPONDENT (IRC6886/04) Star Track Express Pty Ltd PARTIES: RESPONDENT (IRC2931/05) APPLICANT (IRC6886/04) Transport Workers Union of New South Wales FILE NUMBER(S): 6886 of 2004 and 2931 of 2005 CORAM: Sams DP CATCHWORDS: Application for approval of enterprise agreement - agreement to cover transport drivers - previous dispute proceedings - wages and conditions - agreement approved for registration - dispute proceedings discontinued. Industrial Relations Act 1996 Anti Discrimination Act 1977 LEGISLATION CITED: AWARD Transport Industry (State) Award 343 IG 390 CASES CITED: Review of the Principles for Approval of Enterprise Agreements (2000) 101 IR 332 HEARING DATES: 06/09/2005 EXTEMPORE JUDGMENT DATE: 06/09/2005 APPLICANT Mr M Moir of counsel Instructed by Australian Industry Group LEGAL REPRESENTATIVES: RESPONDENT Mr G Astorga Transport Workers' Union of New South Wales JUDGMENT: - 3 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM : SAMS, DP 9 June 2005 Matter No IRC05/2931 STAR TRACK EXPRESS ENTERPRISE BARGAINING AGREEMENT (NOVEMBER 2004 - FEBRUARY 2007) Application by Star Track Express Pty Ltd for approval of enterprise agreement Matter No IRC04/6886 Notification under ss130 and 332 by the Transport Workers' Union of New South Wales of a dispute was Multigroup Distribution Services Pty Ltd t/as Star Track Express DECISION (ex tempore) [2005] NSWIRComm 306 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 Star Track Express Pty Ltd and the Transport Workers' Union of Australia, New South Wales Branch. The application was filed on 8 June 2005 and listed for hearing on 9 June, thereby fulfilling the requirements of s34(3) of the Act. 2 At the hearing of the matter Mr M Moir of counsel, together with Mr Mead from the Australian Industry Group and Mr G Owen from the company, appeared for the applicant and Mr G Astorga, together with delegates from the company, represented the Union. 3 The matter has been listed today together with and joined to a dispute notification before the Commission which is matter 6886 of 2004 and the agreement sought to be registered today will resolve the dispute. Accordingly, by consent, those dispute proceedings are discontinued. 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 satisfied. 5 The application is accompanied by the required affidavit of Mr Grant Owen, National Human Resources Manager of Star Track Express Pty Ltd, deposed to on 8 June 2005. The affidavit sets out the matters provided for in the Act and the Commission's Principles governing the approval process for enterprise agreements. 6 As advised by Mr Moir and as the Commission is itself aware, the Agreement was negotiated through extensive consultation between the Union, its members and local management and reflects mutually agreed outcomes. 7 The agreement also replaces a previous agreement between the Union and the company, being enterprise agreement 43 of 2004 which expired on 2 November 2004. That agreement is formally rescinded. 8 The Agreement is to cover employees of the company who are members of the Transport Workers' Union and engaged under the Transport Industry (State) Award, 343 IG 390 ('the Award'). The Agreement is to be read in conjunction with that Award and is to prevail as to the extent of any inconsistencies over that Award. 9 The Commission was advised that the new agreement provides for wage increases of 11 per cent during the life of the agreement and covers a number of other relevant provisions. 10 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. 11 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. 12 I note that the parties seek a retrospective date of operation. In accordance with previous decisions of the Commission, there is no legislative prohibition for enterprise agreements having retrospective effect. Therefore at the request of the parties the agreement shall apply from 3 November 2004. 13 Pursuant to s35 of the Act, I therefore approve the abovenamed Star Track Express Enterprise Bargaining Agreement to take effect on and from 3 November 2004 and to remain in force until 6 February 2007. 14 These proceedings are thereby concluded. I congratulate the parties on resolving the dispute matter. 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.