Industrial Relations Commission of New South Wales CITATION: J Blackwood & Son Limited Newcastle Enterprise Bargaining (State) Agreement 2006-2008 [2006] NSWIRComm 22 Employers First PARTIES: J Blackwood & Son Limited Newcastle National Union of Workers, New South Wales Branch FILE NUMBER(S): IRC 6762 of 2006 CORAM: Harrison DP CATCHWORDS: Application for approval of enterprise agreement - agreement will apply to employees engaged in any of the classifications specified in the Storeman and Packers General (State) Award 317 IG 1097 and the Clerical and Administrative Employees (State) Award 296 IG 619 - agreement approved to apply from 1 January 2006 until 30 June 2008 - replaces previous agreement LEGISLATION CITED: Industrial Relations Act 1996 HEARING DATES: 17/01/2006 DATE OF JUDGMENT: 01/17/2006 EXTEMPORE JUDGMENT DATE: 02/03/2006 APPLICANT Ms D McManus Employers First LEGAL REPRESENTATIVES: RESPONDENT Ms M Bernardi, National Union of Workers, NSW JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: HARRISON DP 3 January 2006 Matter No IRC 6762 of 2005 J BLACKWOOD & SON LIMITED NEWCASTLE ENTERPRISE BARGAINING (STATE) AGREEMENT 2006-2008 Application by Employers First for approval of an enterprise agreement DECISION [2006] NSWIRComm 22 1 This is an application filed by Employers First seeking approval of an enterprise agreement between J Blackwood & Son Limited Newcastle ("the company") and the National Union of Workers, New South Wales Branch. The agreement will apply to employees employed by the Company engaged in any of the classifications specified in the Storeman and Packers General (State) Award 317 IG 1097 and the Clerical and Administrative Employees (State) Award 296 IG 619. 2 The application was subject to hearing on 17 January 2006. Ms D McManus appeared on behalf of Employers First with Ms L Barreca. Ms M Bernardi appeared on behalf of the Union . 3 The application is supported by the necessary Statement of Particulars and an affidavit (Exhibit 1) signed by Ms D McManus, Human Resources Adviser, 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 Mrs McManus relied upon the application and supporting Statement of Particulars and sought approval of the agreement with effect from 1 January 2006 to 30 June 2008. 5 Ms Bernardi enunciated the consent of the Union for approval of the agreement. 6 I am satisfied that the material presented to the Commission adequately demonstrates that the Agreement submitted for approval complies with all necessary tests. 7 The J Blackwood & Son Limited Newcastle Enterprise Bargaining (State) Agreement 2006-2008 is approved in the terms of the application with effect from 1 January 2006 until 30 June 2008. 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.