Boral Transport Enterprise Agreement 2005 [2006] NSWIRComm 1030

Industrial Relations Commission of New South Wales

CITATION: Boral Transport Enterprise Agreement 2005 [2006] NSWIRComm 1030

APPLICANT PARTIES: Boral Construction Materials Group Limited RESPONDENT Transport Workers Union of NSW

FILE NUMBER(S): 148 of 2006

CORAM: Macdonald C

CATCHWORDS: Application for approval of Enterprise Agreement - application granted

LEGISLATION CITED: Industrial Relations Act 1996

HEARING DATES: 03/02/2006

DATE OF JUDGMENT: 02/03/2006

APPLICANT Nick Chadwick LEGAL REPRESENTATIVES: RESPONDENT No appearance

DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: MACDONALD C

3 February 2006

Matter No IRC 148 of 2006

Boral Transport Enterprise Agreement 2005

Application by Boral Construction Materials Group Ltd for approval of enterprise agreement

JUDGMENT

[2006] NSWIRComm 1030

1 This decision is issued further to the extempore approval granted for the Boral Transport Agreement 2005 (the Agreement), which was provided during proceedings held on 3 February 2006. 2 On 19 January 2006, Boral Construction Materials Group Limited ("the Company"), made application for approval of enterprise agreement, pursuant to the Industrial Relations Act 1996 ("the Act"). The application named the other party to the Agreement as the Transport Workers Union of Australia, NSW Branch ("the Union"). 3 The matter was listed for Consent Hearing on 3 February 2006, at which time, Mr. N. Chadwick (agent) appeared for the Company. No appearance was entered for the Union but confirmation of the Union's consent to the application was provided later by oral communication to the Commission. 4 Mr. Chadwick spoke to the applicant and advised: · the Agreement rescinded and replaced the Boral Transport Agreement 2004; · the Agreement is underpinned by several state awards; · the Agreement provides for all purpose hourly rates of pay; · The Agreement provided for "wages sacrifice" in return for increased employer funded superannuation. 5 The Commission was provided with an Affidavit of Gabrielle Starr, employee relations advisor, in support of the application. 6 Having considered all of the material, the Commission is satisfied that the Agreement complies with the various legislative requirements and the Principles for Approval of Enterprise Agreements as adopted by this Commission. 7 The Commission therefore approves the Boral Transport Agreement 2005. The Agreement will take effect on as and from 1 November 2005 and shall remain in force until 1 July 2007. 8 Accordingly, proceedings in this matter are now concluded. A Macdonald Commissioner