Industrial Relations Commission of New South Wales CITATION : J Blackwood and Son Limited Smithfield Customer Service & Administration Enterprise Agreement 2003-2006 [2004] NSWIRComm 193 APPLICANT PARTIES : J Blackwood and Son Limited Smithfield RESPONDENT New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union FILE NUMBER: 3176 of 2004 CORAM: Sams DP CATCHWORDS : Application for approval of enterprise agreement - clerical employees at Smithfield site - wage increases - employees represented in the negotiations by Union - retrospective application - agreement approved for registration. LEGISLATION CITED : Industrial Relations Act 1996 Anti Discrimination Act 1977 Review of the Principles for Approval of Enterprise Agreements (2000) 101 IR 332 CASES CITED : AWARDS: Clerical and Administrative Employees (State) Award (296 IG 619) J Blackwood and Son Limited Clerical and Administrative Employees (State) Award (333 IG 657) HEARING DATES: 06/21/2004 EXTEMPORE JUDGMENT DATE : 06/21/2004 APPLICANT Mr G Moses, Employers First LEGAL REPRESENTATIVES: RESPONDENT Mr B Kruse, New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union JUDGMENT: - 3 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM : SAMS, DP 21 June 2004 Matter No. IRC04/3176 J BLACKWOOD & SON LIMITED SMITHFIELD CUSTOMER SERVICE & ADMINISTRATION ENTERPRISE AGREEMENT 2003-2006 Application by J Blackwood & Son Limited for approval of Enterprise Agreement EX TEMPORE DECISION [2004] NSWIRComm 193 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 approval of an enterprise agreement between J Blackwood & Son Limited, Smithfield ('the applicant') and the New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union ('the Union'). The application was filed on 1 June 2004 and listed for hearing on 21 June, thereby fulfilling the requirements of s34(3) of the Act. 2 At the hearing of the matter, Mr G Moses from Employers First appeared for the applicant and Mr B Kruse from the Union represented the employees to be covered by the Agreement. 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. 4 The application is accompanied by the required affidavit signed on 27 May by Kris Goodman, Human Resources Advisor of J Blackwood & Son Limited. The affidavit sets out the relevant matters provided for in the Act and the Commission's Principles governing the approval process for enterprise agreements. The affidavit disclosed that the Agreement complies with the requirements of the Acts earlier referred to and that the parties understand the effect of their Agreement. Mr Kruse advised that the negotiations for the Agreement have been extensive and involved conciliation proceedings before Murphy C. The Union Secretary signed the Agreement on 17 May after meetings of the relevant employees approved the terms of the Agreement. 5 The Agreement is to cover all clerical employees of J Blackwood & Son Limited at Smithfield, employed in the classifications set out in Attachment A to the Agreement who are covered by the Clerical and Administrative Employees (State) Award (296 IG 619) and J Blackwood & Son Limited Clerical and Administrative Employees (State) Award (333 IG 657). I note that the latter award is to be rescinded as a consequence of the making of this Agreement. Where the Agreement is silent, the parent Award shall apply. 6 The Agreement provides for an initial 3 per cent wage increase combined with a variable performance based component. The first wage increase has applied from 1 October 2003 and there will be subsequent increases on the 12 month anniversaries of this Agreement. The Commission was also advised that the sick leave conditions and redundancy provisions in the Agreement are in excess of those contained within the parent Award. The Agreement provides for the mandatory disputes settlement procedure at cl 39. 7 Having heard the submissions of the parties and upon reviewing the terms of the Agreement, I am satisfied that the parties understand the effect of their Agreement, that the Agreement was not entered into under duress, and that there is no net detriment to the employees otherwise bound by the terms and conditions of the relevant Award. 8 In accordance with previous decisions of the Commission, there is no legislative prohibition for enterprise agreements having retrospective application. At the request of the parties, I therefore approve the agreement applying on and from 1 October 2003. 9 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. 10 Pursuant to s35 of the Act, I therefore approve an Enterprise Agreement to be known as the J Blackwood & Son Limited Smithfield Customer Service & Administration Enterprise Agreement 2003-2006 to take effect from 1 October 2003 and remain in force until 30 September 2006. 11 These proceedings are thereby concluded. Peter J 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.