IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
No: (P)NSD1480/2008
NATIONAL UNION OF WORKERS & ANOR
Applicants
COLES CDC EASTERN CREEK PTY LTD & ORS
Respondents
TERMS OF SETTLEMENT
1. That orders are made by consent in terms of Annexure A.
2. The parties shall forthwith enter into discussions in respect of a new union collective agreement for the Eastern Creek CDC site based upon the existing terms and conditions on that site, such discussions to be concluded no later than 15 February 2009.
3. The NUW and the AMIEU, NSW Branch, shall in the meantime be afforded right of entry to the Eastern Creek site in accordance with the terms of the current Act as if they were parties to a current union collective agreement.
4. The employer respondents undertake to the Court that in the meantime they will apply the current terms and conditions of employment to their employees as if the consent orders referred to in paragraph 1 hereof were not made.
5. The NUW and the AMIEW, NSW Branch, shall not in the meantime (before 15 February 2009) engage in any protected action.
6. The parties will at all times act in good faith with a view to reaching a new union collective agreement for the Eastern Creek site.
Annexure A
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
No: (P)NSD1480/2008
NATIONAL UNION OF WORKERS & ANOR
Applicants
COLES CDC EASTERN CREEK PTY LTD & ORS
Respondents
THE COURT NOTES:
1. The terms of settlement agreed between the parties.
2. The parties are in agreement that the requirements of s 340 (2) of the Workplace Relations Act 1996 (‘the Act’) were not fully met in relation to the approval of the collective agreement which is the subject of these proceedings, before the agreement was lodged for approval by The Workplace Authority.
BY CONSENT, THE COURT DECLARES THAT:
3. The workplace agreement lodged by the First and Third to Fifteenth Respondents with the Workplace Authority on 20 October 2008, known as the Versacold Logistics Limited (NSW) – Union Collective Agreement 2008, did not come into operation upon approval thereof by reason of s 347A (1) of the Act.
4. The said agreement has no force or effect as a workplace agreement under the Act.
BY CONSENT, THE COURT ORDERS THAT:
5. All subpoenas issued in the proceedings are set aside.
6. The applicants are given leave to discontinue the proceedings.
