Industrial Relations Commission of New South Wales CITATION : Zoological Parks Board of New South Wales Asset Operations Employees Taronga Zoo Enterprise Agreement [2003] NSWIRComm 262 APPLICANT: Zoological Parks Board of New South Wales RESPONDENTS: Australian Workers' Union, New South Wales Branch PARTIES : New South Wales Plumbers and Gasfitters Employees Union Construction, Forestry, Mining and Energy Union, New South Wales Branch Electrical Trades Union of Australia, New South Wales Transport Workers' Union of Australia, New South Wales INTERVENER: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales FILE NUMBER: 2370 of 2003 CORAM: Sams DP CATCHWORDS : Application for approval of enterprise agreement - maintenance and trades employees - replaces expired agreement - dispute proceedings lodged during enterprise agreement negotiations - intervention sought and granted - agreement ratified with amendments. Industrial Relations Act 1996 LEGISLATION CITED : Anti Discrimination Act 1977 Review of the Principles for Approval of Enterprise Agreements 2000, 101 IR 332 CASES CITED : AWARDS General Construction and Maintenance, Civil and Mechanical Engineering &c (State) Award (330 IG 549) Crown Employees (Skilled Trades) Award (325 IG 749) Transport Industry (State) Award (315 IG 192) HEARING DATES: 05/12/2003; 07/04/2003 DATE OF JUDGMENT: 07/04/2003 APPLICANT Ms J Noack, General Manager, Human Resources, Zoological Parks Board of New South Wales RESPONDENTS: LEGAL REPRESENTATIVES: Mr S Rumph, Australian Workers' Union, New South Wales Branch Ms N Kerr, Electrical Trades Union of Australia, New South Wales Branch INTERVENER: Mr D Chin of counsel JUDGMENT: - 2 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM : SAMS, DP 4 July 2003 Matter No. IRC03/2370 ZOOLOGICAL PARKS BOARD OF NEW SOUTH WALES ASSET OPERATIONS EMPLOYEES TARONGA ZOO ENTERPRISE AGREEMENT 2003 Application by Zoological Parks Board of New South Wales for approval of an enterprise agreement EX TEMPORE DECISION [2003] NSWIRComm 362 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 registration of an enterprise agreement between the Zoological Parks Board of New South Wales and the Australian Workers' Union, New South Wales; New South Wales Plumbers and Gasfitters Employees Union; Construction, Forestry, Mining and Energy Union, New South Wales Branch; Electrical Trades Union of Australia, New South Wales and the Transport Workers' Union of Australia, New South Wales. The application was filed on 5 May 2003 and listed for hearing on 12 May, thereby fulfilling the requirements of s34(3) of the Act. 2 At the hearing of the matter Ms J Noack, General Manager, Human Resources appeared for the Zoological Parks Board of New South Wales; Mr S Rumph for the Australian Workers' Union, New South Wales and Ms N Kerr for the Electrical Trades Union of Australia, New South Wales Branch. I note that the other named Unions are signatories to the proposed Agreement. 3 Mr D Chin of counsel intervened in the proceedings for the Public Service Association and Professional Officers Association Amalgamated Union of New South Wales. Mr Chin submitted that his client had an interest in the proceedings concerning a particular classification (Operations Supervisor, Assets) which was proposed to be included in the Agreement and which was properly a classification covered by the relevant public sector award. 4 Ms Kerr and Mr Rumph opposed the Association's intervention. However, the Commission granted leave for Mr Chin's intervention. 5 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 met. 6 The application is accompanied by the required statement of particulars and an affidavit sworn by Ms J Noack, General Manager, Human Resources for the Zoological Parks Board of New South Wales. The affidavit sets out the relevant matters provided for in the Act and the Commission's Principles governing the approval process for enterprise agreements. 7 The agreement covers 28 maintenance and trades employees and replaces the Works and Trades Employees, Taronga Zoo - Zoological Parks Board of New South Wales Enterprise Agreement (EA 01/201), which expired on 31 December 2001. 8 The Agreement is to be read in conjunction with the General Construction and Maintenance, Civil and Mechanical Engineering &C (State) Award (330 IG 549); Crown Employees (Skilled Trades) Award (325 IG 749) and Transport Industry (State) Award (315 IG 192). Attached to the Agreement are schedules outlining comparisons with the relevant Awards. 9 The Agreement provides employees with three wage increases - 3 per cent from 1 January 2002, 4 per cent from 1 January 2003 and 5 per cent from 1 July 2003 and introduces a number of flexible work practices including a six day operation. It provides the mandatory disputes settling procedure in cl 11. 10 Having heard the submissions of the parties, I am satisfied there is no net detriment to the employees otherwise bound by the terms and conditions of the relevant Awards, that the parties understand the effect of their Agreement and that it was not entered into under duress. I note that there were a number of meetings held involving the employer, unions and employees to negotiate the terms of the new agreement and the agreement was unanimously endorsed by the employees. 11 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 are satisfied. 12 After hearing the submissions of the parties, including the reasons for intervention by the Public Service Association and Professional Officers Association Amalgamated Union of New South Wales and pursuant to s 35 of the Act, the Commission approved the Zoological Parks Board of New South Wales Asset Operations Employees Taronga Zoo Enterprise Agreement 2003, save for cl 19.7 and the reference to Operations Supervisor, Assets in Schedule 1, which were suspended until further report back on 4 July 2003. 13 On that occasion the proceedings were discontinued by consent and the Enterprise Agreement, as approved on 12 May 2003 was confirmed including the deletion of cl 19.7 and the reference to Operations Supervisor, Assets in Schedule 1. The Agreement is to take effect from that date and remain in force until 30 June 2004. 14 I note that matter IRC5489 of 2002, a s130 dispute notification regarding the negotiations for this enterprise agreement was also discontinued by consent in light of the approval for registration of the Agreement. Peter Sams 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.