Industrial Relations Commission of New South Wales CITATION: Sydney University Postgraduate Representative Association (SUPRA) Enterprise Agreement 2007 [2007] NSWIRComm 1085 APPLICANT NTEU New South Wales PARTIES: RESPONDENT Sydney University Postgraduate Representative Association (SUPRA) FILE NUMBER(S): 1829 of 2007 CORAM: Macdonald C CATCHWORDS: Application for approval of Enterprise Agreement - application granted LEGISLATION CITED: Industrial Relations Act 1996 HEARING DATES: 09/10/07 DATE OF JUDGMENT: 9 October 2007 APPLICANT Ms M Rangott NTEU New South Wales LEGAL REPRESENTATIVES: RESPONDENT Ms K Barnsley Sydney University Postgraduate Representative Association (SUPRA) DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: MACDONALD C 9 October 2007 Matter No IRC 1829 of 2007 Sydney University Postgraduate Representative Association (SUPRA) Enterprise Agreement 2007 Application by NTEU New South Wales for approval of enterprise agreement DECISION [2007] NSWIRComm 1085 1 This decision is issued further to the extempore approval granted for the Sydney University Postgraduate Representative Association (SUPRA) Enterprise Agreement 2007 ("the Agreement"), which was provided during proceedings held on 9 October 2007. 2 On 26 September 2007, NTEU New South Wales ("the Union") 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 Sydney University Postgraduate Representative Association (SUPRA). 3 The matter was set down for Consent Hearing on 9 October 2007. The Union was represented by Ms M Rangott. The Respondent was represented by Ms K Barnsley. 4 The application was supported by an affidavit of Ms C Game, Secretary of the Union. The affidavit stated, inter alia, that: a) the application rescinds and replaces the Sydney University Postgraduate Representative Association (PACCT Staff) Enterprise Agreement 2004 which is an agreement lodged in the Federal jurisdiction; b) the relevant award for comparative purposes is the Clerical and Administrative Employees (State) Award; c) there is no net detriment to employees who will be covered by the application; and d) the application complies with all relevant statutory requirements. 5 Ms Rangott spoke to the application. She set out a history of the regulation of the Respondent which had previously been a respondent to a Federal award. However, amendments to the Workplace Relations Act in 2006, resulted in the Respondent no longer being able to make an industrial agreement with its employees, as the Respondent is not a constitutional corporation. 6 The Commission advised the parties that it would order the transcript of today's proceedings so that the parties (present or future) could access the submission of Ms Rangott to the history behind this application in the State jurisdiction. 7 Ms Barnsley for the Respondent advised of consent to the application. 8 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. 9 The Commission therefore approves the Sydney University Postgraduate Representative Association (SUPRA) Enterprise Agreement 2007. The Agreement will take effect from 9 October 2007 and remain in force for a period of three years from that date. 10 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.