State Transit Authority of New South Wales Ferry Operations General Purpose Hand Enterprise Partnership Agreement 2004 [2004] NSWIRComm 278

Industrial Relations Commission of New South Wales

CITATION : State Transit Authority of New South Wales Ferry Operations General Purpose Hand Enterprise Partnership Agreement 2004 [2004] NSWIRComm 278 PARTIES : State Transit Authority of New South Wales Seamen's Union of Australia, NSW Branch FILE NUMBER: IRC 5082 of 2004 CORAM: Harrison DP CATCHWORDS : Application for approval of enterprise agreement - General Purpose Hands - Newcastle Ferries Held - Agreement approved LEGISLATION CITED : Industrial Relations Act 1996 HEARING DATES: 09/06/2004 EXTEMPORE JUDGMENT DATE : 09/17/2004

APPLICANT Mr G Hanson State Transit Authority of NSW LEGAL REPRESENTATIVES: RESPONDENT Mr L Covell Seamen's Union of Australia, NSW Branch

JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: HARRISON DP 17 September 2004

Matter No IRC 5082 of 2004

STATE TRANSIT AUTHORITY OF NEW SOUTH WALES FERRY OPERATIONS, GENERAL PURPOSE HAND ENTERPRISE PARTNERSHIP AGREEMENT 2004

Application by State Transit Authority of New South Wales for approval of an enterprise agreement. DECISION [2004] NSWIRComm 278 1 This is an application by the State Transit Authority of New South Wales (STA) seeking approval of an enterprise agreement between STA and the Seamen's Union of Australia, NSW Branch (SUA) to apply to general purpose hand employees of Newcastle Ferries.

2 The application was heard on 6 September 2004. Mr G Hanson appeared on behalf of STA with Mr M Green. Mr L Covell appeared on behalf of the SUA. 3 The application is supported by the necessary Statement of Particulars and an affidavit signed by Mr M Whybrow, Employee Relations Manager of the STA, 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 Hanson endorsed the application and supporting Statement of Particulars and sought approval of the agreement with effect from 1 January 2004 with an expiry date of 31 December 2004. 5 Mr Covell enunciated the support of the SUA for approval of the agreement.