NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Camsons Enterprise Agreement 2004 [2005] NSWIRComm 330
APPLICANT Camsons Pty Ltd PARTIES: RESPONDENT Transport Workers' Union of Australia, New South Wales Branch
FILE NUMBER(S): 4065 of 2005
CORAM: Sams DP
CATCHWORDS: Application for approval of enterprise agreement - agreement replaces previous agreement - agreement provides for wage increases - unanimous vote of employees approved agreement - agreement approved for registration.
Industrial Relations Act 1996 Anti Discrimination Act 1977 LEGISLATION CITED: AWARD Transport Industry Quarried Materials (State) Award 327 IG 39
CASES CITED: Review of the Principles for Approval of Enterprise Agreements (2000) 101 IR 332
HEARING DATES: 08/18/2005 EXTEMPORE JUDGMENT DATE: 08/18/2005
APPLICANT Mr S Schmitke LEGAL REPRESENTATIVES: New South Wales Road Transport Association
No appearance of Respondent
JUDGMENT:
- 3 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
CORAM : SAMS, DP 18 August 2005
Matter No IRC05/4065 CAMSONS ENTERPRISE AGREEMENT 2004
Application by the New South Wales Road Transport Association for approval of enterprise agreement DECISION (ex tempore) [2005] NSWIRComm 330
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 Camsons Pty Ltd and the Transport Workers' Union of Australia, New South Wales Branch. The application was filed on 5 August 2005 and listed for hearing on 18 August, thereby fulfilling the requirements of s34(3) of the Act. 2 At the hearing of the matter Mr S Schmitke from the NSW Road Transport Association appeared for the applicant and the Commission was apprised of the unavailability of a representative from the Transport Workers Union to be in attendance for the proceedings. As the enterprise agreement had been duly signed by the Secretary of the Union on 24 June, I believe it to be consented to by the Union and intend to proceed to approval on that basis. 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.
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