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. 4 In commending the agreement for approval, Mr Cook relied upon the application and affidavit filed, which he put demonstrate that the agreement meets all legislative requirements. 5 Mr Forbes enunciated the Union's consent to the application. 6 I am satisfied that the application adequately demonstrates that the Agreement submitted for approval complies with all necessary tests and has the genuine consent of the parties. 7 The Bartter Enterprises Pty Limited Beresfield Operations Livestock Transport Agreement 2005-2008 is made in accordance with the application with effect from 1 July 2005 and remain in force until 30 June 2008. 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.