Industrial Relations Commission of New South Wales CITATION: Sandvik Mayfield Enterprise Agreement 2005 [2005] NSWIRComm 418 Sandvik Australia Pty Limited PARTIES: The Australian Workers' Union, New South Wales The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union FILE NUMBER(S): IRC 5449 of 2005 CORAM: Harrison DP CATCHWORDS: Application for approval of enterprise agreement - agreement to apply to Mayfield site in conjunction with award - Agreement approved LEGISLATION CITED: Industrial Relations Act 1996 HEARING DATES: 11/01/2005 EXTEMPORE JUDGMENT DATE: 11/14/2005 APPLICANT Mrs E Morson Australian Industry Group LEGAL REPRESENTATIVES: RESPONDENTS Mr J Boyd Australian Workers Union, NSW Mr D Wallace Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union JUDGMENT: - 2 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: HARRISON DP 14 November 2005 Matter No IRC 5449 of 2005 SANDVIK MAYFIELD ENTERPRISE AGREEMENT 2005 Application by the Australian Industry Group for approval of enterprise agreement DECISION [2005] NSWIRComm 418 1 This is an application filed by the Australian Industry Group, New South Wales Branch (AIG) seeking approval of an enterprise agreement between Sandvik Australia Pty Limited ("the Company") and The Australian Workers' Union, New South Wales (AWU) and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU) ("the Unions") to apply to the Company's Mayfield site. 2 The application was subject to hearing on 1 November 2005. Mrs E Morson appeared on behalf of AIG. Mr J Boyd appeared on behalf of the AWU. Mr D Wallace appeared on behalf of the AMWU. 3 The application is supported by the necessary Statement of Particulars and an affidavit (Exhibit 1) signed by Ms M Avery, Manager-HR Services and Payroll of the Company, attesting 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 relied upon the application and supporting Statement of Particulars and sought approval of the agreement with effect from 5 April 2005 with an expiry date of 31 March 2007. 5 Messrs Boyd and Wallace enunciated the consent of the Unions 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 Sandvik Mayfield Enterprise Agreement 2005 is approved in the terms of the application with effect from 5 April 2005 to remain in place until 31 March 2007. 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.