Industrial Relations Commission New South Wales Medium Neutral Citation: State Transit Authority Newcastle Ferry Masters Enterprise Agreement 2015 [2015] NSWIRComm 1002 Hearing dates: 13 January 2015 Decision date: 21 January 2015 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. Category: Principal judgment Parties: State Transit Authority Group of the Transport Service of New South Wales Australian Maritime Officers Union Representation: Ms A Phan State Transit Authority Group of the Transport Service of New South Wales Mr C Neiberding Australian Maritime Officers Union File Number(s): IRC 926 of 2014 DECISION 1. This is an application by the State Transit Authority Group of the Transport Service of New South Wales (State Transit) seeking approval of an enterprise agreement between State Transit and the Australian Maritime Officers Union (the Union). 2. The agreement is to be known as the State Transit Authority Newcastle Ferry Masters Enterprise Agreement 2015 (the Agreement). 3. The application was subject to hearing on 13 January 2015. Ms A Phan appeared for the applicant. Mr C Neiberding appeared for the Union. 4. The application is supported by the necessary Statement of Particulars and an affidavit signed by Ms Phan in her capacity of Senior Workplace Relations Consultant stating 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. 5. Ms Phan outlined the process of negotiations between the parties conducted in Newcastle. 6. Mr Neiberding submitted the Union was involved in the negotiations for the Agreement and endorsed approval of the application. 7. I am satisfied that the material presented to the Commission adequately demonstrates that the Agreement submitted for approval complies with all necessary tests. 8. The State Transit Authority Newcastle Ferry General Purpose Hand Enterprise Agreement 2015 is approved in terms of the application to apply from 1 January 2015 and shall remain in force until 31 December 2017. This Agreement rescinds and replaces the State Transit Authority Newcastle Ferry Masters Interim Award 2014, number C8187 (IRC 104 of 2014). 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: 22 January 2015