Industrial Relations Commission of New South Wales CITATION: RTM Pre-Cast Pty Limited Enterprise Agreement 2005 [2005] NSWIRComm 351 Australian Industry Group, NSW Branch PARTIES: RTM Pre-Cast Pty Limited Australian Workers Union, NSW Branch FILE NUMBER(S): IRC 4486 of 2005 CORAM: Harrison DP CATCHWORDS: Application for approval of enterprise agreement - Concrete pipe and concrete products plant - Agreement approved LEGISLATION CITED: Industrial Relations Act 1996 HEARING DATES: 09/09/2005 EXTEMPORE JUDGMENT DATE: 09/29/2005 APPLICANT Mrs E Morson AIG LEGAL REPRESENTATIVES: RESPONDENT Mr T Callinan AWU JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: HARRISON DP 29 September 2005 Matter No IRC 4486 of 2005 RTM PRE-CAST PTY LIMITED ENTERPRISE AGREEMENT 2005 Application by the Australian Industry Group for approval of enterprise agreement DECISION [2005] NSWIRComm 351 1 This is an application filed by the Australian Industry Group, New South Wales Branch (AIG) seeking approval of an enterprise agreement between RTM Pre-Cast Pty Limited ("the Company") and The Australian Workers' Union, New South Wales ("the Union"). 2 The application was subject to hearing on 9 September 2005. Mrs E Morson appeared on behalf of AIG. Mr T Callinan appeared on behalf of the Union. 3 The application is supported by the necessary Statement of Particulars and an affidavit signed by Mr B Stallworthy, General Manager of the Company, attesting 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 Mrs Morson endorsed the application and supporting Statement of Particulars and sought approval of the agreement with effect from 9 September 2005 with an expiry date of 31 March 2006. 5 Mr Callinan enunciated the consent 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 RTM Pre-Cast Pty Limited Enterprise Agreement 2005 is approved in the terms of the application with effect from 9 September 2005 to remain in place until 31 March 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.