Industrial Relations Commission of New South Wales CITATION: Bartter Enterprises Catching Employees Enterprise Agreement 2004-2005 [2005] NSWIRComm 86 APPLICANT Bartter Enterprises Pty Limited PARTIES: RESPONDENT Australian Workers' Union, New South Wales FILE NUMBER(S): 1179 of 2005 CORAM: Sams DP CATCHWORDS: Application for approval of enterprise agreement - agreement to cover all catching employees - above award wages and conditions - attendance bonus - agreement to have retrospective application - agreement approved for registration. Industrial Relations Act 1996 Anti Discrimination Act 1977 LEGISLATION CITED: AWARD Poultry Industry Livestock (State) Award 331 IG 93 CASES CITED: Review of the Principles for Approval of Enterprise Agreements (2000) 101 IR 332 HEARING DATES: 03/24/2005 EXTEMPORE JUDGMENT DATE: 03/24/2005 APPLICANT Mr P A Ludeke, Agent LEGAL REPRESENTATIVES: RESPONDENT Mr V Falconer Australian Workers' Union, New South Wales JUDGMENT: - 3 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: SAMS, DP 24 March 2005 Matter No IRC 1179 of 2005 BARTTER ENTERPRISES CATCHING EMPLOYEES ENTERPRISE AGREEMENT 2004-2005 Application by Bartter Enterprises Pty Limited for approval of enterprise agreement DECISION [2005] NSWIRComm 86 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 Bartter Enterprises Pty Ltd and the Australian Workers' Union, New South Wales. The application was filed on 8 March 2004 and listed for hearing on 24 March, thereby fulfilling the requirements of s34(3) of the Act. 2 At the hearing of the matter, Mr P A Ludeke, Agent, appeared for the applicant and Mr V Falconer represented the 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 to on 28 February 2005 by Mr John Davis, Human Resources Manager - Riverina of Bartter Enterprises Pty Limited. 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 thirty seven employees who would be otherwise employed pursuant to the terms of the Poultry Industry Livestock (State) Award, at the company's location at McWilliams Road, Hanwood. Where the Agreement is silent, the parent Award shall apply. The Agreement covers all employees engaged in relevant catching functions and provides for above award wage rates and conditions. 6 The Agreement provides for a 3 per cent wage increase from 1 November 2004 and a new provision for an attendance bonus of $100 per week for day shift workers and $125 per week for night shift workers subject to certain provisos. 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. 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. 9 Pursuant to s35 of the Act, I therefore approve an Enterprise Agreement to be known as the Bartter Enterprises Pty Limited Catching Employees Enterprise Agreement 2004-2005. In accordance with previous decisions of the Commission, there is no legislative prohibition for enterprise agreements having retrospective application. At the request of the parties, I approve the agreement applying on and from 1 November 2004 and it shall remain in force for one year. 10 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.