Industrial Relations Commission of New South Wales CITATION: Custom Transportable Buildings Kooragang Proprietary Limited - AMWU, AWU and Employees Enterprise Agreement 2005 [2006] NSWIRComm 40 Custom Transportable Buildings Kooragang Proprietary Limited PARTIES: Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union Australian Workers' Union, New South Wales FILE NUMBER(S): IRC 165 of 2006 CORAM: Harrison DP CATCHWORDS: Application for approval of enterprise agreement - to be read in conjunction with parent awards - agreement to operate for 12 months - agreement approved LEGISLATION CITED: Industrial Relations Act 1996 HEARING DATES: 25/01/2006 DATE OF JUDGMENT: 02/14/2006 EXTEMPORE JUDGMENT DATE: 01/25/2006 APPLICANT Mr G Kerr Solicitor LEGAL REPRESENTATIVES: RESPONDENTS Mr D Wallace Mr T Callinan JUDGMENT: - 2 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: HARRISON DP 14 February 2006 Matter No IRC 165 of 2006 CUSTOM TRANSPORTABLE BUILDINGS KOORAGANG PROPRIETARY LIMITED - AMWU, AWU AND EMPLOYEES ENTERPRISE AGREEMENT 2005 Application for approval of enterprise agreement DECISION [2006] NSWIRComm 40 1 This is an application filed by Custom Transportable Buildings Kooragang Proprietary Limited ("the Company") seeking approval of an enterprise agreement between the Company, the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU), the Australian Workers' Union, New South Wales (AWU) ("the Unions"), and the employees of the Company, whether members of the Unions or not, who are engaged in any of the occupations, callings or industries specified in the Metal, Engineering and Associated industries (State) Award 325 IG 209; the Joiners (State) Award 328 IG 1142, and the Engine Drivers &c. General (State) Award 329 IG 164 ("the parent awards"). 2 The application was subject to hearing on 25 January 2006. Mr G Kerr, Solicitor, appeared on behalf of the Company with Mr S Griffiths. Mr D Wallace appeared on behalf of the AMWU. Mr T Callinan appeared on behalf of the AWU. 3 The application is supported by the necessary Statement of Particulars and an affidavit (Exhibit 1) signed by Mr Simon Griffiths, Managing Director of the Company, 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 Kerr relied upon the application and supporting Statement of Particulars and sought approval of the agreement with effect from 25 January 2006 for a period of one year. 5 Messrs Wallace and Callinan enunciated the consent of the Unions 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 Custom Transportable Buildings Kooragang Proprietary Limited - AMWU, AWU and Employees Enterprise Agreement 2005 is approved in the terms of the application with effect from the first full pay period on or after 25 January 2006 for a period of twelve months therefrom. 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.