Industrial Relations Commission of New South Wales CITATION : Dairy Farmers Hexham Maintenance and Service Employees Enterprise Agreement [2003] NSWIRComm 330 Australian Co-Operative Foods Limited PARTIES : Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch The Electrical Trades Union of Australia, New South Wales Branch FILE NUMBER: IRC 5235 of 2003 CORAM: Harrison DP CATCHWORDS : Application for approval of enterprise agreement - site specific agreement - maintenance and service employees Hexham facility - agreement approved. LEGISLATION CITED : Industrial Relations Act 1996 HEARING DATES: 10/07/2003 EXTEMPORE JUDGMENT DATE : 10/10/2003 APPLICANT Mr P Ludeke LEGAL REPRESENTATIVES: RESPONDENTS Mr G Mohan and Mr R Wilson JUDGMENT: - 2 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: HARRISON DP 10 October 2003 Matter No IRC 5235 of 2003 DAIRY FARMERS HEXHAM MAINTENANCE AND SERVICE EMPLOYEES ENTERPRISE AGREEMENT Application by Australian Co-Operative Foods Limited for approval of enterprise agreement DECISION [2003] NSWIRComm 330 1 This is an application by Australian Co-Operative Foods Limited (trading in New South Wales as Dairy Farmers) ('the company') seeking approval of an enterprise agreement between the company and its employees at the company's Hexham site in the classifications set out in Appendix A to the application. 2 The application was subject to hearing on 7 October 2003. Mr P Ludeke appeared as agent on behalf of the company with Ms W Crawford. Mr G Mohan appeared on behalf of the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch; Mr R Wilson appeared on behalf of the Electrical Trades Union of Australia, New South Wales Branch, ("the Unions"). 3 The application is supported by the necessary Statement of Particulars and an affidavit signed by Ms Wendy Crawford, in her capacity of Human Resources Manager, certifying that the agreement complies with all relevant statutory requirements, satisfies the no net detriment test, was not entered into under duress, and complies with the principles for approval of enterprise agreements as determined by the Commission. 4 Mr Ludeke submitted that the Agreement subject of this application is the first agreement between the parties in relation to the Hexham site, the employees previously being bound by non-site specific agreements. 5 Mr Ludeke submitted that the application satisfies all relevant criteria for approval of an enterprise agreement. 6 Messrs Mohan and Wilson enunciated the support of the Unions for approval of the agreement. 7 I am satisfied that the material presented to the Commission adequately demonstrates that the Agreement submitted for approval complies with all necessary tests. 8 The Dairy Farmers Hexham Maintenance and Service Employees Enterprise Agreement is approved in the terms of application, with effect from 7 October 2003 to remain in force until 23 May 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.