Industrial Relations Commission of New South Wales CITATION: Western Murray Irrigation Limited Enterprise Agreement 2004 [2005] NSWIRComm 414 APPLICANT Australian Workers' Union, New South Wales PARTIES: RESPONDENT Western Murray Irrigation Limited FILE NUMBER(S): 3153 of 2005 CORAM: Sams DP CATCHWORDS: Application for approval of enterprise agreement - irrigation industry - agreement replaces previous enterprise agreement - above award wages and conditions - agreement ratified. 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: AWARD General Construction and Maintenance, Civil & Mechanical Engineering &c. (State) Award 330 IG 549 HEARING DATES: 07/20/2005 EXTEMPORE JUDGMENT DATE: 07/20/2005 APPLICANT Mr J Clements Australian Workers' Union, New South Wales LEGAL REPRESENTATIVES: RESPONDENT Mr M Sauntner Western Murray Irrigation Limited (by telephone) JUDGMENT: - 3 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM : SAMS, DP 20 July 2005 Matter No. IRC05/3153 WESTERN MURRAY IRRIGATION LIMITED ENTERPRISE AGREEMENT 2004 Application by the Australian Workers' Union, New South Wales, approval of enterprise agreement EX TEMPORE DECISION [2005] NSWIRComm 414 1 Approval is sought from the Commission, pursuant to Div 2 Pt 2 ch 2 of the Industrial Relations Act 1996, for the approval of an enterprise agreement between the Australian Workers' Union, New South Wales Branch and Western Murray Irrigation Limited. The application was filed on 21 June 2005 and listed for hearing on 12 July 2005, thereby fulfilling the requirements of s34(3) of the Act. The hearing date was later changed, by consent, to 20 July. 2 At the hearing of the matter Mr J Clements appeared for the Australian Workers' Union, New South Wales. Mr M Sautner, General Manager of Western Murray Irrigation Limited, was present at the hearing via teleconference. 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 and an affidavit sworn by Mr Harry Goring of the Australian Workers Union, on 2 May 2005. The affidavit states that the Agreement complies with all of the requirements of the Acts earlier referred to, that the parties understand the effect of their Agreement and that the Agreement will prevail over the General Construction and Maintenance, Civil and Mechanical Engineering &c (State) Award. The Agreement provides no net detriment to the employees otherwise covered by those Awards. 5 This Agreement replaces a previous Agreement of the same name which was approved by the Commission as presently constituted on 17 October 2003, which was E/A 242 of 2003. 6 The agreement covers employees of the employer who are engaged on, or in connection with road maintenance in New South Wales. The Agreement provides for 5 per cent wage increases per year and for other more favourable conditions. 7 Having heard the submissions of the parties, and reviewing the terms of the Agreement, I am satisfied there is no net detriment to the employees otherwise bound by the terms and conditions of the aforementioned awards. 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. The agreement also provides the mandatory disputes procedure in clause 45. 8 In accordance with previous decisions of the Commission, there is no legislative prohibition for enterprise agreements having retrospective application. The agreement was endorsed on 21 February 2005. In those circumstances I am prepared to approve the agreement applying on and from 1 July 2004 to remain in force for a period of three years thereafter, expiring on 30 June 2007. 9 I therefore approve for registration the Enterprise Agreement to be known as the Western Murray Irrigation Limited Enterprise Agreement 2004. 10 The proceedings are concluded on that basis. Peter 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.