Industrial Relations Commission of New South Wales CITATION: Bartter Enterprises Pty Limited Beresfield Operations Livestock Agreement 2005-2008 [2005] NSWIRComm 399 Bartter Enterprises Pty Limited PARTIES: The Australian Workers' Union, NSW Branch FILE NUMBER(S): IRC 5242 of 2005 CORAM: Harrison DP CATCHWORDS: Application for approval of enterprise agreement - agreement in conjunction with the Poultry Industry Livestock (State) Award - agreement approved with effect from 1 July 2005 to 30 June 2008 LEGISLATION CITED: Industrial Relations Act 1996 HEARING DATES: 10/14/2005 EXTEMPORE JUDGMENT DATE: 11/01/2005 APPLICANT Mr B Cook Bartter Enterprises Pty Ltd LEGAL REPRESENTATIVES: RESPONDENT Ms C Trimmer Australian Workers' Union, NSW Branch JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: HARRISON DP 1 November 2005 Matter No IRC 5242 of 2005 BARTTER ENTERPRISES PTY LTD BERESFIELD OPERATIONS LIVESTOCK AGREEMENT 2005-2008 Application by Bartter Enterprises Pty Limited for approval of enterprise agreement DECISION [2005] NSWIRComm 399 1 This is an application by Bartter Enterprises Pty Limited("the Employer") seeking approval of an enterprise agreement between the Employer and the Australian Workers' Union, NSW Branch (AWU) to apply to employees in the following areas: · Blackhill, Hinton, Thornton and Morpeth farms · Tenam live bird pick up · Beresfield hatchery 2 The application was subject to hearing on 14 October 2005. Mr B Cook appeared on behalf of the Employer. Ms C Trimmer appeared on behalf of the AWU. 3 The application is supported by the necessary Statement of Particulars, and an affidavit signed by Mr B Cook, Human Resource Adviser for the Employer, deposing that the agreement complies with all relevant statutory requirements, satisfies the no net detriment test and was not entered into under duress. 4 In commending the agreement for approval, Mr Cook relied upon the application and affidavit filed, which he put demonstrate that the agreement meets all legislative requirements. 5 Ms Trimmer enunciated the AWU's consent to the application. 6 I am satisfied that the application adequately demonstrates that the Agreement submitted for approval complies with all necessary tests and has the genuine consent of the parties. 7 The Bartter Enterprises Pty Limited Beresfield Operations Livestock Agreement 2005-2008 is made in accordance with the application with effect from 1 July 2005 and remain in force until 30 June 2008. 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.