Industrial Relations Commission of New South Wales CITATION: Newcastle Newspapers Pty Limited Clerical Staff Enterprise Agreement 2006 [2006] NSWIRComm 20 Australian Business Lawyers PARTIES: Newcastle Newspapers Pty Limited New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union FILE NUMBER(S): IRC 88 of 2006 CORAM: Harrison DP CATCHWORDS: Application for approval of enterprise agreement - Newspaper industry - agreement to cover all clerical, features and classified employees of Company's Newcastle office - Agreement approved from 1 January for three years - rescinds and replaces 2004 agreement LEGISLATION CITED: Industrial Relations Act 1996 HEARING DATES: 17/01/2006 DATE OF JUDGMENT: 02/03/2006 EXTEMPORE JUDGMENT DATE: 01/17/2006 APPLICANT Mr S Loehr Solicitor, Australian Business Lawyers LEGAL REPRESENTATIVES: RESPONDENT Mr R Potter USU JUDGMENT: - 2 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: HARRISON DP 3 February 2005 Matter No IRC 88 of 2006 NEWCASTLE NEWSPAPERS PTY LIMITED CLERICAL STAFF ENTERPRISE AGREEMENT 2006 Application by Newcastle Newspapers for approval of an enterprise agreement. DECISION [2006] NSWIRComm 20 1 This is an application by Australian Business Lawyers (ABL) on behalf of Newcastle Newspapers Pty Limited ("the Employer") seeking approval of an enterprise agreement between the Employer and the New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (USU) ("the Union"). 2 The application was subject to hearing on 17 January 2006. Mr S Loehr solicitor of ABL appeared with Ms A Willis. Mr R Potter appeared on behalf of the Union with Mr C Hamilton. 3 The application is supported by the necessary Statement of Particulars and an affidavit signed by Ms A Willis, Senior Human Resources Adviser for the Employer, certifying that the agreement complies with the relevant statutory requirements; satisfies the no net detriment test; was not entered into under duress; includes the necessary anti-discrimination clause and complies with the principles for approval determined by the Commission. 4 Mr Loehr submitted that the Agreement sought will rescind and replace the Newcastle Newspapers Pty Limited Clerical Staff Enterprise Agreement 2003 (EA04/155) which had an expiry date of 31 December 2005. 5 Mr Loehr expressed support for the application and accompanying Statement of Particulars and sought approval of the agreement with effect from 1 January 2006 with a nominal term of three years. 6 Mr Potter enunciated the support of the Union for approval of the agreement. 7 I am satisfied that the material presented to the Commission adequately demonstrates that the Agreement submitted for approval complies with all necessary tests. 8 The Newcastle Newspapers Pty Limited Clerical Staff Enterprise Agreement 2005 is approved in the terms of the application with effect from 1 January 2006 to remain in force for a period of three years therefrom. This agreement rescinds and replaces EA04/155. 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.