Industrial Relations Commission of New South Wales CITATION: TWU - Western Freight Management Enterprise Agreement 2005 [2006] NSWIRComm 1032 APPLICANT PARTIES: Western Freight Management Pty Ltd RESPONDENT Transport Workers Union of NSW FILE NUMBER(S): 170 of 2006 CORAM: Macdonald C CATCHWORDS: Application for approval of Enterprise Agreement - application granted LEGISLATION CITED: Industrial Relations Act 1996 HEARING DATES: 13/02/2006 DATE OF JUDGMENT: 02/13/2006 APPLICANT Mr C Heuston RESPONDENT Mr J Peters DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: MACDONALD C 13 February 2006 Matter No IRC 170 of 2006 TWU - Western Freight Management Enterprise Agreement 2005 Application by Transport Workers Union of New South Wales for approval of an enterprise agreement D E C I S I O N [2006] NSWIRComm 1032 1 This decision is issued further to the extempore approval granted for the TWU - Western Freight Management Enterprise Agreement 2005 (the Agreement), which was provided during proceedings held on 13 February 2006. 2 On 17 January 2006, the Transport Workers Union of New South Wales ("the Union"), made application for approval of enterprise agreement, pursuant to the Industrial Relations Act 1996 ("the Act"). The application named other party to the Agreement as Western Freight Management Pty Ltd ("the Company"). 3 The matter was set down for Consent Hearing on 13 February 2006, at which time, Mr C Heuston appeared for the Union. Mr J Peters, managing director, appeared for the Company. 4 The application was supported by an Affidavit of Wayne Forno, Assistant Secretary of the Union. The Affidavit advised of wage increases and stated that, on balance, the Agreement does not result in a net detriment to the employees to be covered by the Agreement. A Comparison Statement between the Agreement and three awards, was provided. Mr Heuston urged the Commission to grant the application. 5 Mr Peters supported the application. He also advised that the Agreement did not apply to Line Haul Drivers. 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 TWU - Western Freight Management Enterprise Agreement 2005. The Agreement will take effect the first pay period on or after 13 February 2006 and shall remain in force for a period of two years. (clause 4 (ii)). 8 Accordingly, proceedings in this matter are now concluded. A Macdonald Commissioner 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.