Industrial Relations Commission of New South Wales CITATION: BlueScope Steel Logistics "One Workforce" Enterprise Agreement 2006 [2006] NSWIRComm 1060 APPLICANT BlueScope Steel (AIS) Pty Ltd PARTIES: RESPONDENT Australian Workers Union New South Wales FILE NUMBER(S): 1960 of 2006 CORAM: Macdonald C CATCHWORDS: Application for approval of Enterprise Agreement - application granted LEGISLATION CITED: Industrial Relations Act 1996 HEARING DATES: 24/03/2006 DATE OF JUDGMENT: 03/24/2006 APPLICANT Ms Knowles (AIG) LEGAL REPRESENTATIVES: RESPONDENT No appearance DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: MACDONALD C 24 March 2006 Matter No IRC 1960 of 2006 BlueScope Steel Logistics "One Workforce" Enterprise Agreement 2006 Application by BlueScope Steel (AIG) Pty Ltd for approval of an enterprise agreement D E C I S I O N [2006] NSWIRComm 1060 1 This decision is issued further to the extempore approval granted for the BlueScope Steel Logistics "One Workforce" Enterprise Agreement 2006 ("the Agreement"), which was provided during proceedings held on 24 March 2006. 2 On 24 March 2006, BlueScope Steel (AIS) Pty Ltd ("the Company"), 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 Australian Workers Union, New South Wales ("the Union"). 3 The matter was set down for Consent Hearing on 24 March 2006, being the same day as the lodgement of the application. The Company was represented by Ms Knowles of Australian Industry Group. There was no appearance by the Union due to its relevant union officials being located in Wollongong. The Consent Hearing took place in Sydney. 4 The application was supported by an Affidavit of Mr Jon Lopac, Logistics Manager - Warehousing. The Affidavit advised that if the Agreement was approved, then it would be read in conjunction with the BlueScope Steel (AIS) Pty Ltd Port Kembla Steelworks Employees Award 2006 and the BlueScope Steel Products Berth Operations Memorandum of Understanding 2004. Further, the Agreement would prevail over the above two named industrial instruments, where there is any inconsistency between the Agreement and the above two named industrial instruments. The Commission was also provided with a Comparative Statement. Ms Knowles urged the Commission to grant the application. 5 The Union was not present at the Consent Hearing. The Commission subsequently received correspondence of 31 March 2006 from Mr Gillespie confirming Ms Knowles advice to the Commission, that the application was indeed one of consent. 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 BlueScope Steel Logistics "One Workforce" Enterprise Agreement 2006. The Agreement will take effect from 31 March 2006 and remain in force for a period of three years (Clause 12.2.1) 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.