Industrial Relations Commission of New South Wales CITATION: Adsteam Harbour Sydney - Lines and Mooring Enterprise Agreement 2005 [2005] NSWIRComm 412 APPLICANT Seamen's Union of Australia, New South Wales Branch PARTIES: RESPONDENT Adsteam Harbour Pty Ltd FILE NUMBER(S): 4253 of 2005 CORAM: Sams DP CATCHWORDS: Application for approval of enterprise agreement - agreement to cover 37 employees - agreement provides improved wages and conditions - agreement the result of extensive consultation between Union, employees and the company - agreement ratified. Industrial Relations Act 1996 Anti Discrimination Act 1977 LEGISLATION CITED: AWARD Motor Boats and Small Tugs (State) Award 329 IG 1054 CASES CITED: Review of the Principles for approval of Enterprise Agreements (2000) 101 IR 332 HEARING DATES: 08/30/2005 EXTEMPORE JUDGMENT DATE: 08/30/2005 APPLICANT Mr W Giddins Seamen's Union of Australia, New South Wales Branch LEGAL REPRESENTATIVES: RESPONDENT Ms M Fulham Adsteam Harbour Pty Ltd JUDGMENT: - 2 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM : SAMS, DP 30 August 2005 Matter No. IRC05/4253 Adsteam Harbour Sydney - Lines and Mooring Enterprise Agreement 2005 Application by the Seamen's Union of Australia, New South Wales Branch for approval of an enterprise agreement EX TEMPORE DECISION [2005] NSWIRComm 412 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 the Seamen's Union of Australia, New South Wales Branch and Adsteam Harbour Pty Ltd. The application was filed on 15 August 2005 and listed for hearing on 30 August, thereby fulfilling the requirements of s34(3) of the Act. 2 At the hearing of the matter, Mr W Giddins appeared for the applicant and Ms M Fulham represented the respondent. 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 8 August 2005 by Mr Paul Garrett, Assistant Secretary of the Seamen's Union of Australia, New South Wales Branch. 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 37 employees who would be otherwise employed pursuant to the terms of the Motor Boats and Small Tugs (State) Award. Where the Agreement is silent, the parent Award shall apply. 6 The Agreement provides for significant improvements in wages and conditions above the award and provides for wage increases of 3.5 per cent from 1 March 2006 and a further 3.5 per cent from 1 March 2007. The Commission was advised that the agreement came into administrative effect earlier this year and that an increase was made available on that occasion of three per cent. The Commission has also been advised that the agreement has been the subject of extensive consultation between the Union, its members and the Company and the approval of the agreement was made by the employees concerned who voted for its approval. 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 Adsteam Harbour Sydney - Lines and Mooring Enterprise Agreement 2005. The agreement shall take effect from today's date being the date of registration of the agreement and shall remain in force and effect until 28 February 2008. 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.