Industrial Relations Commission of New South Wales CITATION: Dispute AWU & Bluescope Steel re working conditions - Bulk Berth Shipping Dept [2006] NSWIRComm 1033 APPLICANT PARTIES: BlueScope Steel (AIS) Pty Ltd RESPONDENT Australian Workers Union New South Wales Branch FILE NUMBER(S): 5474 of 2005; 5483 of 2005 of CORAM: Macdonald C CATCHWORDS: Application for approval of Enterprise Agreement - application granted LEGISLATION CITED: Industrial Relations Act 1996 HEARING DATES: 17/02/2006 DATE OF JUDGMENT: 02/17/2006 APPLICANT Mr D Pearce RESPONDENT Mr A Gillespie DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: MACDONALD C 17 February 2006 Matter No IRC 5474 & 5483 of 2005 Bulk Operations Enterprise Agreement 2005 Application by BlueScope Steel (AIS) Pty Ltd for approval of an enterprise agreement D E C I S I O N [2006] NSWIRComm 1033 1 This decision is issued further to the extempore approval granted for the BlueScope Steel (AIS) Pty Ltd - Port Kembla - Bulk Operations Enterprise Agreement 2005 (the Agreement), which was provided during proceedings held on 17 February 2006. 2 On [DATE] 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 the other party to the Agreement as the Australian Workers Union, New South Wales Branch ("the Union"). 3 The matter was set down for Consent Hearing on 17 February 2006, at which time, Mr D Pearce appeared for the Company. The Union was represented by Mr A Gillespie. 4 Mr Pearce advised that a major feature of the application went to wage increases. Mr Pearce provided the Commission with his supporting Affidavit and a Comparison Statement setting out comparative commentary between the Agreement and the parent Award (BlueScope Steel (AIS) Pty Ltd - Port Kembla Steelworks Employees Award 2004). Mr Pearce urged the Commission to grant the application. 5 Mr Gillespie confirmed that the Union consented to the application. 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 (AIS) Pty Ltd - Port Kembla - Bulk Operations Enterprise Agreement 2005. The Agreement will take effect on and from 17 February 2006 and operate until 17 March 2009. 8 The dispute notifications which gave rise to the making of the Agreement were discontinued by the advocates on the record: the Union's notification (IRC 05/5474) and the Company's notification (IRC5483/05). 9 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.