Industrial Relations Commission of New South Wales CITATION : Newcastle Permanent Building Society Staff Agreement 2004 [2004] NSWIRComm 282 PARTIES : Newcastle Permanent Building Society New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (USU) FILE NUMBER: IRC 5147 of 2004 CORAM: Harrison DP CATCHWORDS : Application of approval for enterprise agreement - third generation agreement - to apply to employees of building society except those who have entered into individual contract - agreement approved LEGISLATION CITED : Industrial Relations Act 1996 HEARING DATES: 09/03/2004 EXTEMPORE JUDGMENT DATE : 09/23/2004 APPLICANT Solicitor LEGAL REPRESENTATIVES: Mr D Fletcher Freehills RESPONDENT Mr N Martin (USU) JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: HARRISON DP 23 September 2004 Matter No IRC 5147 of 2004 NEWCASTLE PERMANENT BUILDING SOCIETY STAFF AGREEMENT 2004 Application by Newcastle Permanent Building Society for approval of an enterprise agreement. DECISION [2004] NSWIRComm 282 1 This is an application by the Newcastle Permanent Building Society ("the Applicant") seeking approval of an enterprise agreement between the Applicant, its employees, except those who have entered into an individual contract pursuant to the terms of the agreement, and the New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union ("the Union"). 2 The application was heard on 3 September 2004. Mr D Fletcher, solicitor of Freehills, appeared on behalf of the Applicant with Mr D Laragy. Mr N Martin appeared on behalf of the Union with Messrs Sanson, Dick, Brosnan and Veltrovski. 3 The application is supported by the necessary Statement of Particulars and an affidavit signed by Mr David Laragy, General Manager, Human Resources of the Applicant, 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 Fletcher relied upon the affidavit of Mr Laragy and the attachments thereto. 5 Mr Martin enunciated the support of the Union 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 Newcastle Permanent Building Society Staff Agreement 2004 is approved in the terms of the application with effect from 5 January 2004 to 31 August 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.