Industrial Relations Commission of New South Wales CITATION : Hydro Aluminium Kurri Kurri Smelter Upgrade and Retro-Fit Enterprise Agreement 2004 [2004] NSWIRComm 132 APPLICANT Australian Industry Group (NSW Branch) RESPONDENTS The Labour Council of New South Wales; PARTIES : Newcastle Trades Hall Council; The Australian Workers' Union, New South Wales (AWU); Australian Manufacturing Workers' Union, NSW Branch (AMWU); Construction, Forestry, Mining and Energy Union, Construction and General Division (NSW Branch) (CFMEU); Electrical Trades Union of Australia, NSW Branch (ETU); The NSW Plumbers and Gasfitters Employees' Union (PGEU); Transport Workers' Union of Australia, NSW Branch (TWU). FILE NUMBER: IRC 2726 of 2004 CORAM: Harrison DP CATCHWORDS : Application for enterprise agreement to apply to Kurri Kurri Smelter Upgrade Construction Project - Agreement approved LEGISLATION CITED : Industrial Relations Act 1996 HEARING DATES: 05/18/2004 EXTEMPORE JUDGMENT DATE : 05/21/2004 APPLICANT Mrs E Morson AIG LEGAL REPRESENTATIVES: RESPONDENTS Mr P McPherson, Labor Council Mr M Forbes, TWU JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: HARRISON DP 21 May 2004 Matter No IRC 2726 of 2004 HYDRO ALUMINIUM KURRI KURRI SMELTER UPGRADE AND RETRO-FIT ENTERPRISE AGREEMENT 2004 Application by Australian Industry Group for approval of an enterprise agreement. DECISION [2004] NSWIRComm 132 1 This is an application by the Australian Industry Group, New South Wales Branch (AIG) seeking approval of an enterprise agreement between: 1. The employer(s): All contractors, subcontractors and supplementary labour providers engaged on the area known as the Hydro Aluminium Smelter Upgrade and Retro-Fit Construction Site and in other areas of the existing plant where work is directly associated with the construction and expansion in respect of the SURF project at the smelter; and 2. The Labour Council of New South Wales; Newcastle Trades Hall Council; The Australian Workers' Union, New South Wales (AWU); Australian Manufacturing Workers' Union, NSW Branch (AMWU); Construction, Forestry, Mining and Energy Union, Construction and General Division (NSW Branch) (CFMEU); Electrical Trades Union of Australia, NSW Branch (ETU); The NSW Plumbers and Gasfitters Employees' Union (PGEU); Transport Workers' Union of Australia, NSW Branch (TWU). 2 The application was subject to hearing on 18 May 2004. Mrs E Morson appeared on behalf of the AIG. Mr P McPherson appeared on behalf of the Labor Council, the AWU, AMWU, ETU, PGEU, CFMEU and Newcastle Trades Hall Council. Mr M Forbes appeared on behalf of the TWU. 3 The application is supported by the necessary Statement of Particulars and an affidavit signed by Mr S Gordon, Manager Newcastle and Northern NSW of AIG, certifying that the agreement complies with the relevant statutory requirements; satisfies the no net detriment test; was not entered into under duress; includes the necessary anti-discrimination clause and complies with the principles for approval determined by the Commission. 4 Mrs Morson endorsed the application and supporting Statement of Particulars and sought approval of the agreement with effect from 18 May 2004 with an expiry date of 15 September 2006. 5 Mr McPherson and Mr Forbes enunciated the support of their organisations for approval of the agreement. 6 I am satisfied that the material presented to the Commission adequately demonstrates that the Agreement submitted for approval complies with all necessary tests. 7 The Hydro Aluminium Kurri Kurri Smelter Upgrade and Retro-Fit Enterprise Agreement 2004 is approved in the terms of the application with effect from 18 May 2004 to remain in place until 15 September 2006. 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.