Industrial Relations Commission of New South Wales CITATION: 1st Fleet Limited Enterprise Agreement 2005 [2005] NSWIRComm 444 APPLICANT 1st Fleet Limited PARTIES: RESPONDENT Transport Workers' Union of Australia, New South Wales Branch FILE NUMBER(S): 3971 of 2005 CORAM: Sams DP CATCHWORDS: Application for approval of enterprise agreement - agreement to cover transport drivers - agreement provides for wage increases - agreement to have retrospective operation - agreement approved for registration. Industrial Relations Act 1996 Anti Discrimination Act 1977 LEGISLATION CITED: AWARD Transport Industry (State) Award 343 IG 390 CASES CITED: Review of the Principles for Approval of Enterprise Agreements (2000) 101 IR 332 HEARING DATES: 08/19/2005 EXTEMPORE JUDGMENT DATE: 08/19/2005 APPLICANT Mr D Arnel Director of Corporate Services, 1st Fleet Pty Ltd LEGAL REPRESENTATIVES: RESPONDENT Mr K Waltis Transport Workers' Union of Australia, New South Wales Branch JUDGMENT: - 3 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM : SAMS, DP 19 August 2005 Matter No IRC05/3971 1ST FLEET LIMITED ENTERPRISE AGREEMENT 2005 Application by 1st Fleet Limited for approval of enterprise agreement DECISION (ex tempore) [2005] NSWIRComm 444 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 registration of an enterprise agreement between 1st Fleet Limited and the Transport Workers' Union of Australia, New South Wales Branch. The application was filed on 1 August 2005 and listed for hearing on 19 August, thereby fulfilling the requirements of s34(3) of the Act. 2 At the hearing of the matter Mr D Arnel appeared for the applicant and Mr K Waltis, together with Mr A Kamychnikov, a delegate, represented the Union. 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 of Mr David John Arnal, Director of Corporate Services of 1st Fleet Pty Ltd, deposed to on 25 July 2005. The affidavit sets out the matters provided for in the Act and the Commission's Principles governing the approval process for enterprise agreements. 5 The Agreement is to cover some 450 employees of the company throughout New South Wales who would be otherwise employed pursuant to the terms of the Transport Industry (State) Award, 343 IG 390 ('the Award'). The Agreement is to be read in conjunction with that Award and is to prevail as to the extent of any inconsistencies over that Award. 6 The Agreement, in particular, provides for a series of wage increases over the life of the agreement, two of which have already been paid and further increases are available pursuant to the terms of the agreement from 6 February next year, 7 August next year, 5 February 2007 and 6 August 2007. The total amount of increases over the life of the agreement is 15.5 per cent. 7 I am also advised that the terms of the agreement have been put to meetings of the employees covered by the agreement and they have voted to support the terms of the agreement. 8 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. 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 The agreement is to take effect from 7 February this year and as there is no legislative prohibition on the retrospective operation of the agreement, I propose to agree to that retrospectivity. There have been two wage increases that have been paid since that time. 11 Pursuant, therefore, to s35 of the Act, I approve and certify an enterprise agreement to be known as the 1st Fleet Limited Enterprise Agreement 2005. The Agreement shall take effect on and from 7 February 2005 and remain in force until 7 February 2008. 12 The parties are to be congratulated on negotiating the new arrangements and these proceedings are 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.