Industrial Relations Commission of New South Wales CITATION : EnergyAustralia Award 2004 [2004] NSWIRComm 402 PARTIES : EnergyAustralia Australian Manufacturing Worker's Union (Vehicle Division) (AMWU); Construction, Forestry, Mining and Energy Union (New South Wales Branch) (CFMEU); Electrical Trades Union of Australia, New South Wales Branch (ETU); Electricity Supply Professional Officers' Association (ESPOA); New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union (USU); The Association of Professional Engineers, Scientists and Managers, Australia (NSW Branch) (APESMA); The Australian Workers' Union, New South Wales (AWU) FILE NUMBER: IRC 7274 of 2004 CORAM: Harrison DP CATCHWORDS : Appliction for new award - Consent of parties - wage increase - increase in superannuation - partnership agreement on productivity and efficiency. - Award made. LEGISLATION CITED : Industrial Relations Act 1996 HEARING DATES: 12/17/2004 DATE OF JUDGMENT: 12/17/2004 APPLICANT Mr B Grimshaw RESPONDENTS LEGAL REPRESENTATIVES: Mr S Butler (ETU) (AWU) (CFMEU) Mr P Collins (USU) (APESMA) Ms M Kennedy (AMWU) Mr P Hosford (ESPOA) JUDGMENT: - 3 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: HARRISON DP 17 December 2004 Matter No IRC 7274 of 2004 ENERGYAUSTRALIA AWARD 2004 Application by EnergyAustralia for a new award DECISION [2004] NSWIRComm 402 1 This is an application by EnergyAustralia seeking the making of a new award with the following industrial organisations: · New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (USU) · The Electrical Trades Union of Australia, NSW Branch (ETU) · The Association of Professional Engineers, Scientists and Managers Australia (APESMA) · Electricity Supply Professional Officers' Association (ESPOA) · The Australian Workers' Union, New South Wales (AWU) · Construction, Forestry, Mining and Energy Union (NSW Branch) (CFMEU) · Australian Manufacturing Worker's Union (Vehicle Division) (AMWU) 2 The application was subject to hearing on 17 December 2004. Mr B Grimshaw appeared on behalf of EnergyAustralia. The Unions were represented by Mr S Butler (ETU, AWU and CFMEU); Mr P Collins (USU and APESMA); Ms M Kennedy (AMWU); and Mr P Hosford (ESPOA). 3 This is an application for the making of an award by consent of the parties. The application arises from earnest negotiation between the parties on the expiry of the EnergyAustralia Consent Enterprise Award 2003 (2003) 342 IG 402 ("the 2003 Award"). The award sought carries with it a number of attachments which, while not forming part of the award proper, describe commitments, understandings and agreements which support the award and to which the parties confirmed during the course of these proceedings their acceptance of and undertaking to be bound thereby in accordance with the disputes settlement procedure and their obligation to the award generally. 4 The award sought provides for a salary increase of 4.6 percent from 19 December 2004 and a further 4.6 percent increase from 19 December 2005. Allowances provided by the award are also increased and the employer funded superannuation is increased by 1 percent over and above the Commonwealth Government Superannuation Guarantee from 19 December 2004, and a further 1 percent from 19 December 2005. 5 During the course of the negotiations the parties settled upon a document entitled "EnergyAustralia Award 2004 Partnership Agreement" which describes the understanding and commitment of the parties to productivity and efficiency developments throughout the course of the award. 6 Mr Butler, supported by Mr Collins and Ms Kennedy, described the process of mass meetings of employees, members of the Unions, who voted overwhelmingly to endorse and accept the award now sought by consent. 7 I am satisfied that the application meets all legislative requirements; that it conforms with the relevant State Wage Case principles; and that it is presented to the Commission with the genuine consent of the parties. 8 The Award provides a platform for improvements in productivity and relationships between the parties, and appropriate reward for employees into the future. 9 I am further satisfied that the award meets the requirements of s19 of the Industrial Relations Act 1996 and accordingly make the award as reviewed in accordance therewith. 10 The EnergyAustralia Award 2004 is made in accordance with the application as amended, with effect from 19 December 2004 to remain in force until 18 December 2006; and rescinds and replaces the EnergyAustralia Consent Enterprise Award 2003 (2003) 342 IG 402. oo0oo 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.