Bartter Enterprises Pty Limited Beresfield Operations Livestock Transport Agreement 2005-2008 [2006] NSWIRComm 134

Industrial Relations Commission of New South Wales

CITATION: Bartter Enterprises Pty Limited Beresfield Operations Livestock Transport Agreement 2005-2008 [2006] NSWIRComm 134

APPLICANT PARTIES: Bartter Enterprises Pty Limited RESPONDENT Transport Workers Union of Australia, New South Wales Branch

FILE NUMBER(S): IRC 2037 of 2006

CORAM: Harrison DP

CATCHWORDS: Application for approval of enterprise agreement - poultry industry - agreement approved for a period of three years

LEGISLATION CITED: Industrial Relations Act 1996

HEARING DATES: 4/4/06

DATE OF JUDGMENT: 04/21/2006

EXTEMPORE JUDGMENT DATE: 04/04/2006

APPLICANT Mr B Cook LEGAL REPRESENTATIVES:

RESPONDENT Mr M Forbes

JUDGMENT:

- 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: HARRISON DP

21 April 2006

Matter No IRC 2037 of 2006

BARTTER ENTERPRISES PTY LIMITED BERESFIELD OPERATIONS LIVESTOCK TRANSPORT AGREEMENT 2005-2008

Application by Bartter Enterprises Pty Limited for approval of enterprise agreement

DECISION [2006] NSWIRComm 134

1 This is an application by Bartter Enterprises Pty Limited("the Company") seeking approval of an enterprise agreement between the Company and the Transport Workers' Union of New South Wales ("the Union") to apply to employees of the Company's undertaking live bird pick up at its Beresfield site.

2 The application was subject to hearing on 4 April 2006. Mr B Cook appeared on behalf of the Company. Mr M Forbes appeared on behalf of the Union.

3 The application is supported by the necessary Statement of Particulars, and an affidavit signed by Mr Ben Cook, Human Resources Adviser for the Company, deposing that the agreement complies with all relevant statutory requirements, satisfies the no net detriment test and was not entered into under duress.