Industrial Relations Commission of New South Wales CITATION : Faulding Healthcare (Newcastle) Enterprise Agreement 2003 [2003] NSWIRComm 137 APPLICANT Faulding Healthcare Pty Ltd PARTIES : RESPONDENTS The Shop Assistants and Warehouse Employees' Federation of Australia, Newcastle and Northern NSW National Union of Workers, NSW Branch Federated Clerks Union of Australia, NSW Branch FILE NUMBER: IRC 2018 of 2003 CORAM: Harrison DP CATCHWORDS : Application for approval of enterprise agreement - agreement approved LEGISLATION CITED : Industrial Relations Act 1996 HEARING DATES: 04/23/2003 EXTEMPORE JUDGMENT DATE : 04/29/2003 APPLICANT Mr A Freeman, Regional Manager Faulding Healthcare Pty Ltd LEGAL REPRESENTATIVES: RESPONDENTS Ms J Currey, Shop Assistants and Warehouse Employees Federation of Australia, Ncle & Northern NSW Branch JUDGMENT: - 2 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: HARRISON DP 29 April 2003 Matter No IRC 2018 of 2003 FAULDING HEALTHCARE (NEWCASTLE) ENTERPRISE AGREEMENT 2003 Application by Faulding Healthcare Pty Ltd for approval of an enterprise agreement. DECISION [2003] NSWIRComm 137 1 This is an application by Faulding Healthcare Pty Ltd ('the company") seeking approval of an enterprise agreement between the company and the National Union of Workers, NSW Branch (NUW); the Federated Clerks' Union of Australia, NSW Branch (FCU); and the Shop Assistants and Warehouse Employees' Federation of Australia, Newcastle and Northern NSW Branch (SDA). The agreement sought is to apply to employees of the Company employed at the Company's premises at Holmwood Business Park, 25 Enterprise Drive, Beresfield. 2 The application was subject to hearing on 23 April 2003. Mr A Freeman appeared on behalf of the Company. Ms J Currey appeared on behalf of the SDA. Correspondence was received by facsimile from the NUW, over the signature of Derrick Belan, State Secretary on 17 April 2003; and from the Australian Services Union, NSW Clerical and Administrative Branch over the signature of Michael Want, Branch Secretary on 22 April 2003 seeking excuse from proceedings. 3 The application is supported by the necessary Statement of Particulars and an affidavit signed by Mr A Freeman, in his capacity of Regional Manager Personnel of Mayne Group Limited trading as Faulding Healthcare Pty Ltd, certifying that the agreement complies with the relevant statutory requirements; satisfies the no net detriment test; was not entered into under duress; and complies with the principles for approval determined by the Commission. 4 Mr Freeman submitted that the application complies with all relevant statutory requirements pursuant to the Industrial Relations Act 1996. 5 Mr Freeman further submitted that, on approval, the agreement sought should rescind and replace the Faulding Healthcare (Newcastle) Enterprise Agreement 2002 (EA02/231). 6 Ms Currey endorsed the submission of Mr Freeman and enunciated the support of her organisation for approval of the agreement. The abovementioned correspondence sets out the consent of the NUW and FCU to approval of the agreement. 7 I am satisfied that the material presented to the Commission adequately demonstrates that the Agreement submitted for approval complies with all necessary tests. 8 The Faulding Healthcare (Newcastle) Enterprise Agreement 2003 is approved in the terms of the application, with effect from 1 January 2003 to remain in force until 31 December 2004 and rescinds and replaces EA02/231. 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.