Kimbriki Environmental Enterprises Pty Ltd Operational Staff Enterprise Agreement 2013-2016 - Application for approval [2014] NSWIRComm 1011

Industrial Relations Commission New South Wales Medium Neutral Citation: Kimbriki Environmental Enterprises Pty Ltd Operational Staff Enterprise Agreement 2013-2016 - Application for approval [2014] NSWIRComm 1011 Hearing dates: 3 April 2014 Decision date: 03 April 2014 Jurisdiction: Industrial Relations Commission Before: Stanton C Decision: Agreement Approved Catchwords: Application for approval of enterprise agreement to apply for term of three years - Agreement approved. Legislation Cited: Industrial Relations Act 1996 Category: Principal judgment Parties: Kimbriki Environmental Enterprises Pty Ltd New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (USU) Representation: Mr P Stephenson Kimbriki Environmental Enterprises Pty Ltd

Ms M Nordenswan USU File Number(s): IRC 226 of 2014

DECISION 1This is an application by the Kimbriki Environmental Enterprises Pty Ltd (the applicant) seeking approval of an enterprise agreement between the applicant and the New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (the Union) on behalf of the applicant's employees engaged as Operational Staff. 2The Agreement is to be known as the Kimbriki Environmental Enterprises Pty Ltd Operational Staff Enterprise Agreement 2013-2016 (the Agreement). 3The application was subject to Hearing on 3 April 2014. Mr P Stephenson appeared for the applicant with Mr S Love. Ms M Nordenswan appeared for the Union with Ms M Quick. 4The application is supported by the necessary Statement of Particulars and an affidavit (Exhibit 1) signed by Mr P Stephenson in his capacity of Operations Manager for the applicant, testifying that the Agreement complies with the relevant statutory requirements and the "No Net Detriment Test"; was not entered into under duress; and complies with the principles for approval determined by the Commission. 5Mr Stephenson outlined the process of negotiations between the parties and confirmed the contents of Exhibit 1. 6The submissions of Mr Stephenson were supported by Ms Nordenswan who confirmed the Union's support for approval of the Agreement. 7I am satisfied that the material presented to the Commission adequately demonstrates that the Agreement submitted for approval complies with all necessary tests. 8The Kimbriki Environmental Enterprises Pty Ltd Administration Staff Enterprise Agreement 2013-2016 is approved in terms of the application and shall operate from the beginning of the first full pay period to commence on and from 1 July 2013 for a term of three (3) years. This Agreement rescinds and replaces enterprise agreement number EA 12/3. JD Stanton 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. Decision last updated: 07 April 2014