Industrial Relations Commission of New South Wales CITATION : Jurox Pty Ltd Factory and Warehouse Agreement 2004 [2004] NSWIRComm 290 PARTIES : The Australian Workers Union, New South Wales, Newcastle and Northern Regions Branch; and Jurox Pty Ltd FILE NUMBER: IRC 4983 of 2004 CORAM: Harrison DP CATCHWORDS : Application for approval of enterprise agreement - Agreement to apply to factory and warehouse employees engaged at the Employer's premises at Rutherford - Agreement approved LEGISLATION CITED : Industrial Relations Act 1996 HEARING DATES: 09/23/2004 EXTEMPORE JUDGMENT DATE : 09/27/2004 APPLICANT Mr M Stoker (AWU) LEGAL REPRESENTATIVES: RESPONDENT Mr M McInnes JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: HARRISON DP 27 September 2004 Matter No IRC 4983 of 2004 JUROX PTY LTD FACTORY AND WAREHOUSE AGREEMENT 2004 Application by The Australian Workers' Union, New South Wales for approval of enterprise agreement DECISION [2004] NSWIRComm 290 1 This is an application by the Australian Workers' Union, New South Wales, Newcatle and Northern Regions Branch (AWU) seeking approval of an enterprise agreement between the AWU and Jurox Pty Ltd ("the Employer") to apply to the Employer's factory and warehouse employees engaged at the Employer's premises at Rutherford. 2 The application was subject to hearing on 23 September 2004. Mr M Stoker appeared on behalf of the AWU with Mr G Bertram. Mr M McInnes appeared on behalf of the Employer. 3 The application is supported by the necessary Statement of Particulars, an affidavit signed by Mr Stoker, and an affidavit signed by Mr McInnes, Manufacturing Manager for the Employer, deposing that the agreement complies with all relevant statutory requirements, satisfies the no net detriment test and was not entered into under duress. 4 Mr Stoker submitted that the agreement sought is to be read in conjunction with the Drug Factories (State) Award 325 IG 1, and the Warehouse State Employees Drug (State) Award 324 IG 1181 ("the Awards") which contain the relevant disputes settlement procedure, anti-discrimination clause and other principles. In commending the agreement for approval, Mr Stoker relied upon the application and affidavits filed, which he put demonstrate that the agreement meets all legislative requirements. 5 Mr McInnes endorsed the submissions of Mr Stoker. 6 I am satisfied that the application as amended adequately demonstrates that the Agreement submitted for approval complies with all necessary tests and has the genuine consent of the parties. 7 The Jurox Pty Ltd Factory and Warehouse Agreement 2004 is made in accordance with the application with effect from 16 June 2004 and remain in force until 15 June 2006. 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.