Enterprise Agreement Approved by IR Commission NSW

Industrial Relations Commission (NSW)

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📜 Headnote Official document

The Industrial Relations Commission of New South Wales approved an enterprise agreement between workers and their employer after determining that the agreement complied with statutory requirements and passed the no net detriment test.

📚 Full judgment Official document

Industrial Relations Commission of New South Wales

CITATION: Yates Wyee Enterprise Agreement 2005 [2005] NSWIRComm 350

National Union of Workers, NSW Branch PARTIES: Yates Australia

FILE NUMBER(S): IRC 4461 of 2005

CORAM: Harrison DP

CATCHWORDS: Application for approval of enterprise agreement - Agreement to apply to storemen and packers at Yates Australia's Wyee plant - Agreement approved

LEGISLATION CITED: Industrial Relations Act 1996

HEARING DATES: 09/09/2005 EXTEMPORE JUDGMENT DATE: 09/29/2005

APPLICANT [NAME] LEGAL REPRESENTATIVES:

RESPONDENT [NAME]

JUDGMENT:

- 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: HARRISON DP

29 September 2005

Matter No IRC 4461 of 2005

YATES WYEE ENTERPRISE AGREEMENT 2005

Application by National Union of Workers, New South Wales Branch for approval of an enterprise agreement

DECISION

[2005] NSWIRComm 350

1 This is an application filed by the National Union of Workers, New South Wales Branch ("the union") seeking approval of an enterprise agreement between Yates Australia ("the Company"), persons employed as storemen and packers at the Company's Wyee plant and the Union. 2 The application was subject to hearing on 9 September 2005. [NAME] appeared with [NAME] for the Union. [NAME] of [COMPANY], New South Wales Branch ([NAME]) appeared on behalf of the Company.

3 The application is supported by the necessary Statement of Particulars and an affidavit signed by [NAME], Assistant State Secretary of the Union, 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 Ms [NAME] endorsed the application and supporting Statement of Particulars and sought approval of the agreement with effect from 17 January 2005 with an expiry date of 30 November 2006. 5 [NAME] enunciated the support of the Company for approval of the agreement in the terms of the application.

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 Yates Wyee Enterprise Agreement 2005 is approved in the terms of the application with effect from 17 January 2005 to remain in place until 30 November 2006. oo0oo

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