Industrial Relations Commission of New South Wales CITATION : Redispan Conveyors Pty td Tomago Workshop Enterprise Agreement January 2003 to December 2003 [2003] NSWIRComm 123 PARTIES : Redispan Conveyors Pty Ltd The Australian Workers' Union, NSW FILE NUMBER: IRC 1833 of 2003 CORAM: Harrison DP CATCHWORDS : Application for approval of enterprise agreement - agreement approved LEGISLATION CITED : Industrial Relations Act 1996 HEARING DATES: 04/14/2003 DATE OF JUDGMENT: 04/17/2003 APPLICANT Mr J Stanton, Australian Industry Group LEGAL REPRESENTATIVES: RESPONDENT S Wyatt, Australian Workers' Union, NSW JUDGMENT: - 2 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: HARRISON DP 17 April 2003 Matter No IRC 1833 of 2003 REDISPAN CONVEYORS PTY LTD TOMAGO WORKSHOP ENTERPRISE AGREEMENT JANUARY 2003 TO DECEMBER 2003 Application by Redispan Conveyors Pty Ltd for approval of an enterprise agreement. DECISION [2003] NSWIRComm 1 This is an application by the Australian Industry Group, New South Wales Branch (AIG) on behalf of Redispan Conveyors Pty Ltd ('the company") seeking approval of an enterprise agreement between the company and The Australian Workers' Union, New South Wales (AWU) to apply to employees of the Company's Tomago Workshop engaged in any of the occupations set out in cl 13 Definitions of the Agreement. 2 The application was subject to hearing on 15 April 2003. Mr J Stanton appeared on behalf of the AIG. Mr S Wyatt appeared on behalf of the AWU. 3 The application is supported by the necessary Statement of Particulars and an affidavit signed by Mr P Lee, in his capacity of General Manager of the Company, certifying that the agreement complies with the relevant statutory requirements; satisfies the no net detriment test; was not entered into under duress; and complies with the principles for approval determined by the Commission. 4 Mr Stanton submitted that the application as filed was prepared in the form suitable for submission to the Australian Industrial Relations Commission (AIRC). As the application has instead been filed with the Industrial Relations Commission of New South Wales, Mr Stanton provided an amended copy of the application, which he submitted complies with all relevant statutory requirements pursuant to the Industrial Relations Act 1996. 5 Mr Wyatt enunciated the support of their organisations for approval of the agreement. 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 Redispan Conveyors Pty Ltd Tomago Workshop Enterprise Agreement January 2003 to December 2003 is approved in the terms of the amended application, with effect from 1 January 2003 to remain in force until 31 December 2003. 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.