Industrial Relations Commission of New South Wales CITATION: McKey Distribution (Transport Workers) Raymond Terrace Agreement 2008 [2008] NSWIRComm 1065 APPLICANT PARTIES: McKey Distribution Pty Limited RESPONDENT Transport Workers' Union of Australia, New South Wales Branch FILE NUMBER(S): 1183 of 2008 CORAM: Stanton C CATCHWORDS: Application for approval of enterprise agreement - Commission nominated body to conduct dispute resolution pursuant to s146A of Industrial Relations Act 1996 LEGISLATION CITED: Industrial Relations Act 1996 HEARING DATES: 5 August 2008 DATE OF JUDGMENT: 5 August 2008 APPLICANT Ms K Millar McKey Distribution Pty Limited LEGAL REPRESENTATIVES: RESPONDENT Mr M Forbes Transport Workers' Union of Australia, New South Wales Branch DECISION: - 2 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM : Stanton C 5 August 2008 Matter No. IRC08/1183 McKEY DISTRIBUTION (TRANSPORT WORKERS) RAYMOND TERRACE AGREEMENT 2008 Application by McKey Distribution Pty Limited for approval of enterprise agreement DECISION [2008] NSWIRComm 1065 1 This application seeks the approval of an enterprise agreement between McKee Distribution Pty Limited ('the Company') and the Transport Workers' Union of Australia, New South Wales Branch ('the Union'). 2 The application was listed for hearing on 5 August 2008. Ms K Millar, Human Resources Manager, appeared for the Company and Mr M Forbes appeared for the Union. 3 The application is supported by the necessary Statement of Particulars and an affidavit signed by Ms Millar attesting 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 Forbes submitted cl 11, Grievance and Dispute Resolution Procedure, nominates the Industrial Relations Commission of New South Wales as the body to conduct dispute resolution in the form of conciliation, arbitration, directions, declaratory relief and all related procedural powers such as those in relation to hearings, witnesses, evidence and submissions pursuant to s146A of the Industrial Relations Act 1996. 5 The McKey Distribution (Transport Workers) Raymond Terrace Agreement 2008 rescinds and replaces the existing McKey Distribution (Transport Workers) Raymond Terrace Agreement 2005, EA05/232 which expired on 15 February 2008. 6 I am satisfied that the material presented to the Commission adequately demonstrates that the Agreement submitted for approval complies with all necessary legislative tests, was not entered into under duress and complies with the principles for approval determined by the Commission. 7 The McKey Distribution (Transport Workers) Raymond Terrace Agreement 2008 is approved with effect from the first pay period to commence on or after 5 August 2008 and shall remain in force until 15 February 2011. 8 These proceedings are thereby concluded. J D Stanton 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.