Industrial Relations Commission of New South Wales CITATION : Arthur Yates and Co Ltd Clerical and Administrative Enterprise Agreement 2002 [2002] NSWIRComm 260 APPLICANT: PARTIES : Arthur Yates & Co Ltd. RESPONDENT: Named employees FILE NUMBER: 4589 of 2002 CORAM: Sams DP CATCHWORDS : Application for approval of enterprise agreement - clerical and administrative empoyees - non-union agreement - ballots conducted - union involvement - comparison report pursuant tp s36(5) of the Act - wage increases - retrospective operation - Agreement ratified for two years. LEGISLATION CITED : Industrial Relations Act 1996 Anti Discrimination Act 1997 Review of the Principles for Approval of Enterprise Agreements 2000, 101 IR 32 CASES CITED : Snack Brands Australia - Smithfield Operations and Logistics North - Enterprise Agreement anuary 1999 (unreported, walton J, Vice President, Matter IRC6937 of 1998, 11 January 1999) Schweppes Cottee's Enterprise Agreement 1997 (unreported Schmidt J, Matter IRC4383 of 1997, 30 September 1997) HEARING DATES: 09/06/2002 EXTEMPORE JUDGMENT DATE : 09/06/2002 APPLICANT: Mr S Borrow LEGAL REPRESENTATIVES: RESPONDENTS: Ms K Lewis Ms P Leslie JUDGMENT: - 3 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM : SAMS, DP 9 October 2002 Matter No. IRC02/4589 ARTHUR YATES AND CO LTD CLERICAL AND ADMINISTRATIVE ENTERPRISE AGREEMENT 2002 Application by Arthur Yates and Co Ltd for approval of an Enterprise Agreement D E C I S I O N NSWIRComm260 1 Approval is sought from the Commission, pursuant to Div 2 Pt 2 ch 2 of the Industrial Relations Act 1996, for the registration of an enterprise agreement between Arthur Yates and Co Ltd and it's forty-six clerical and administrative employees. The application was filed on 9 August 2002 and listed for hearing on 6 September, thereby fulfilling the requirements of s34(3) of the Act. 2 At the hearing of the matter, Mr S Borrow, appeared for the applicant and Ms K Lewis (the union delegate) and Ms P Leslie appeared as workplace representatives. 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 met. 4 The application is accompanied by the required statement of particulars setting out the relevant matters provided for in the Act and the Commission's Principles governing the approval process for Enterprise Agreements. 5 The Commission was provided with a comparison report prepared by the Deputy Industrial Registrar pursuant to s36 (5) of the Act. 6 The Agreement is to be read in conjunction with the Clerical and Administrative (State) Award and provisions not addressed by the Agreement will be referrable to the Award. The Agreement replaces a previous agreement 258/00, which expired on 28 February 2002. 7 The agreement provides for two wage increases of 3.5 per cent from 1 March 2002 and 1 March 2003 with scope for productivity increases of 1.5 per cent in addition. 8 I note that 3 ballots of the employees affected by the terms of the Agreement have been conducted - the last resulting in ninety-five per cent approval of the new Agreement. The Union was involved in the negotiations and the ballots of employees. 9 The Agreement also provides the mandatory grievances and disputes procedure in Clause 11. 10 In accordance with decisions of both his Honour the Vice President and her Honour Schmidt J, with which the Commission, as presently constituted, concurs, there is capacity for enterprise agreements to have retrospective application. (See Snack Brands Australia - Smithfield Operations and Logistics North - Enterprise Agreement 1999 and Schweppes Cottees Enterprise Agreement 1997 11 At the request of the parties I therefore approve the agreement applying from 1 March 2002. 12 Having considered the comparison report and the submissions of the parties. I am satisfied that the legislative requirements for approval have been met and the Commission's Principles dealing with Enterprise Agreements are satisfied. 13 Accordingly, the Arthur Yates and Co Ltd Clerical & Administrative Employees Enterprise Agreement 2002 is approved pursuant to Section 35 of the Act, to take effect from 1 March 2002 and to remain in force for a period of two years thereafter. 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.