Industrial Relations Commission of New South Wales CITATION: Wingham Beef Exports & AMIEU Collective Agreement 2008 [2008] NSWIRComm 128 APPLICANT PARTIES: Wingham Beef Exports Pty Limited RESPONDENT Australasian Meat Industry Employees' Union, Newcastle and Northern Branch FILE NUMBER(S): IRC 902 of 2008 CORAM: Harrison DP CATCHWORDS: Jurisdication s146A agreement - Application for approval of enterprise agreement - 3.5% wage increase per annum - continuation of mutually satisfactory arrangements - tally system, incentive system, fixed rate system - genuine agreement of parties based on mutual benefit - agreement approved. LEGISLATION CITED: Industrial Relations Act 1996 HEARING DATES: 20 June 2008 DATE OF JUDGMENT: 2 July 2008 EXTEMPORE JUDGMENT DATE: 20 June 2008 APPLICANT Mr R Bailey LEGAL REPRESENTATIVES: RESPONDENT Mr P Brown JUDGMENT: - 2 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: HARRISON DP 2 July 2008 Matter No IRC 902 of 2008 WINGHAM BEEF EXPORTS & AMIEU COLLECTIVE AGREEMENT 2008 Application by Wingham Beef Exports Pty Limited for approval of an enterprise agreement. DECISION [2008] NSWIRComm 128 1 Wingham Beef Exports Pty Limited ("the Company") has executed a referral agreement pursuant to section 146A of the Industrial Relations Act 1996 ("the Act") with the Australasian Meat Industry Employees' Union, Newcastle and Northern Branch (AMIEU) (NREF 40 of 2008). 2 Pursuant to that agreement the parties seek approval of an enterprise agreement negotiated between them. 3 The Company is described by Mr Brown of the AMIEU as a single species food processing plant located at Wingham, two hours north of Newcastle. The Company employs approximately 400 people and processes in the order of 800 head of cattle daily. 4 Mr Bailey, appearing as agent for the Company, submitted that the Company's operations have historically been regulated by an enterprise agreement approved in the New South Wales jurisdiction and that the present application seeks to continue in large both the form and content of that agreement with the inclusion of a rendering plant at Werombi. 5 Mr Bailey adopted the affidavit of Mr Brown (Ex 2) which details the negotiation process from early in 2008, the operation of a consultative committee, training sessions, and consultation process leading to approval of the agreement by all employee. 6 The agreement provides for a wage increase of 3.5 per cent for each of the three years of its operation. 7 In supporting the application Mr Brown that the agreement is unique to that facility, continuing a tally system, incentive system, and a fixed rate system from previous agreements. 8 The affidavit of Mr Brown deposes that the agreement complies with the relevant statutory requirements; the no net detriment test; was not entered into under duress; and complies with the principles for approval determined by the Commission, and is supported by the necessary Statement of Particulars and a comparison statement. 9 I am satisfied that the material presented to the Commission adequately demonstrates that the Enterprise Agreement submitted for approval complies with all necessary tests. 10 The Wingham Beef Exports & AMIEU Collective Agreement 2008 is approved in the terms of the application for a period of three years from 12 June 2008, and as such is an industrial instrument enforceable pursuant to the Industrial Relations Act 1996. 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.