Industrial Relations Commission of New South Wales CITATION : Newcastle Newspapers Pty Limited AMWU Printing Division Enterprise Agreement 2004 [2004] NSWIRComm 288 PARTIES : Australian Business Lawyers o/b of Newcastle Newspapers Pty Limited; Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, Printing Division, New South Wales Branch FILE NUMBER: IRC 5554 of 2004 CORAM: Harrison DP CATCHWORDS : Application for approval of enterprise agreement - Agreement to cover all employees of employer engaged to perform work in the areas of edition control and advertising production at the employer's Bolton Street, Newcastle facility - rescinds and replaces EA03/6 and EA03/7 - Agreement approved LEGISLATION CITED : Industrial Relations Act 1996 HEARING DATES: 09/23/2004 EXTEMPORE JUDGMENT DATE : 09/27/2004 APPLICANT Mr S Loehr (ABL) LEGAL REPRESENTATIVES: RESPONDENT Mr S Murphy (AMWU) JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: HARRISON DP 27 September 2004 Matter No IRC 5554 of 2004 NEWCASTLE NEWSPAPERS PTY LIMITED AMWU PRINTING DIVISION ENTERPRISE AGREEMENT 2004 Application by Australian Business Lawyers for approval of an enterprise agreement. DECISION [2004] NSWIRComm 288 1 This is an application by the Australian Business Lawyers (ABL) on behalf of Newcastle Newspapers Pty Limited ("the Employer") seeking approval of an enterprise agreement between the Employer and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, Printing Division, New South Wales Branch ("the Union"). 2 The application was subject to hearing on 23 September 2004. Mr S Loehr appeared on behalf of the ABL with Mr J Manley. Mr S Murphy appeared on behalf of the Union with Mr T Mullins. 3 The application is supported by the necessary Statement of Particulars and an affidavit signed by Mr J Manley, Human Resources Manager, Fairfax Regional Newspapers, 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 Mr Loehr submitted that the Agreement sought will rescind and replace two previous agreements, the Newcastle Newspapers Pty Limited Quality Centre Enterprise Agreement 2001 (EA03/6), and the Newcastle Newspapers Pty Limited Advertising Production Team Enterprise Agreement 2001 (EA03/7), both of which had an expiry date of 1 June 2004. Mr Loehr endorsed the application and supporting Statement of Particulars and sought approval of the agreement with effect from 23 September 2004 with an expiry date of 1 June 2007. 5 Mr Murphy enunciated the support of the Union for approval of the agreement, putting that the agreement meets the no nett detriment test and complies with all relevant requirements. 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 Newcastle Newspapers Pty Limited AMWU Printing Division Enterprise Agreement 2004 is approved in the terms of the application with effect from 23 September 2004 to remain in force until 1 June 2007. This agreement rescinds and replaces EA03/6 and EA03/7. 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.