McKey Distribution (Transport Workers) Blacktown Agreement 2008 [2008] NSWIRComm 1062

Industrial Relations Commission of New South Wales

CITATION: McKey Distribution (Transport Workers) Blacktown Agreement 2008 [2008] NSWIRComm 1062

APPLICANT McKey Distribution Pty Limited PARTIES: RESPONDENT Transport Workers' Union of Australia, NSW Branch

FILE NUMBER(S): 981 of 2008

CORAM: Macdonald C

CATCHWORDS: Application for approval of Enterprise Agreement- Application granted.

LEGISLATION CITED: Industrial Relations Act 1996

HEARING DATES: 9 July 2008

EXTEMPORE JUDGMENT DATE : 9 July 2008

APPLICANT Ms K. Millar McKey Distribution Pty Limited LEGAL REPRESENTATIVES:

RESPONDENT Mr G Hastings Transport Workers Union of Australia NSW Branch

DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: MACDONALD C

9 July 2008

Matter No IRC 981 of 2008

In the matter of McKey Distribution (Transport Workers) Blacktown Agreement 2008

Application by McKey Distribution Pty Ltd for approval of enterprise agreement.

DECISION

[2008] NSWIRComm 1062

1 This decision is issued further to the extempore approval granted for the McKey Distribution (Transport Workers) Blacktown Agreement 2008 ("the Agreement"), which was provided during proceedings held on 9 July 2008. 2 On 26 June 2008, McKey Distribution Pty Limited ("the Applicant") made application for approval of an 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 set down for Consent Hearing on 9 July 2008. The Applicant was represented by Ms K Millar. The Union was represented by Mr G Hastings. 4 The application was supported by a Statement of Particulars, an Affidavit of Ms K Millar, Human Resources Manager of the Applicant and a Comparator document (being a comparison document setting out the conditions of employment between "the Agreement" and the relevant Award - F J Walker Foods (Transport Workers) Blacktown Consolidated Award 2000, ("the Award"). 5 The affidavit deposed the Agreement complied with the various legislative requirements and the Principles for Approval of Enterprise Agreements as adopted by this Commission. Ms Millar requested that the Commission endorse the application which came to the Commission by consent. 6 Mr Hastings for the Union consented to the application. 7 The parties agreed to an amendment, as proposed by the Commission, of Clause 5 - Date And Period Of Operation. 8 Having considered all of the material, the Commission therefore approves the McKey Distribution (Transport Workers) Blacktown Agreement 2008. The Agreement will take effect from 17 February 2008 and remain in force for a period of three years from that date. 9 Accordingly, proceedings in this matter are now concluded. A Macdonald Commissioner