Industrial Relations Commission of New South Wales CITATION: Dairy Farmers AMIEU (Newcastle and Northern) Enterprise Agreement 2005 [2006] NSWIRComm 21 PARTIES: Australian Co-Operative Foods Limited (trading in New South Wales as Dairy Farmers) Australasian Meat Industry Employees' Union, (Newcastle and Northern Branch) FILE NUMBER(S): IRC 6636 of 2005 CORAM: Harrison DP CATCHWORDS: Application for approval of enterpise agreement - agreement to apply to employees engaged under the Butter, Cheese and Other Dairy Products (Newcastle and Northern) Award 328 IG 1087 - agreement approved with effect from 17 January 2006 to 27 November 2008. LEGISLATION CITED: Industrial Relations Act 1996 HEARING DATES: 17/01/2006 DATE OF JUDGMENT: 02/02/2006 EXTEMPORE JUDGMENT DATE: 01/17/2006 APPLICANT Mr P Ludeke LEGAL REPRESENTATIVES: RESPONDENT Mr T McLean JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: HARRISON DP 2 February 2006 Matter No IRC 6636 of 2005 DAIRY FARMERS AUSTRALASIAN MEAT INDUSTRY EMPLOYEES' UNION, (NEWCASTLE AND NORTHERN BRANCH) ENTERPRISE AGREEMENT 2005 Application by Australian Co-Operative Foods Limited for approval of enterprise agreement DECISION [2006] NSWIRComm 21 1 This is an application by Australian Co-Operative Foods Limited (trading in New South Wales as Dairy Farmers) ('the Employer') seeking approval of an enterprise agreement to apply to employees engaged under the Butter, Cheese and Other Dairy Products (Newcastle and Northern) Award 328 IG 1087. 2 The application was subject to hearing on 17 January 2006. Mr P Ludeke appeared on behalf of the company with Mr T Houston. Mr T McLean appeared on behalf of the Australasian Meat Industry Employees' Union, (Newcastle and Northern Branch) ("the union"). 3 The application is supported by the necessary Statement of Particulars and an affidavit signed by Ms Rosalind Bailey in her capacity of National Human Resources Manager certifying that the agreement complies with all relevant statutory requirements, satisfies the no net detriment test, was not entered into under duress, and complies with the principles for approval of enterprise agreements as determined by the Commission. 4 Mr Ludeke relied on the application filed and the supporting Statement of Particulars, submitting that the application satisfies all relevant criteria for approval of an enterprise agreement. 5 Mr McLean submitted that the application had the unanimous support of his members. Mr McLean put that the agreement provides realistic wage increase, the opportunity for employees to multi-skill, and the opportunity to obtain formal qualifications within the industry. Mr McLean enunciated the support 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 Dairy Farmers AMIEU (Newcastle and Northern Branch) Enterprise Agreement 2005 is approved in the terms of application, with effect from 17 January 2006 to remain in force until 27 November 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.