Industrial Relations Commission of New South Wales CITATION : Pacific Power Employees Consent Award 2002 [2002] NSWIRComm 329 APPLICANT Labor Council of New South Wales PARTIES : RESPONDENT Pacific Power FILE NUMBER: IRC3647 of 2002 CORAM: Harrison DP LEGISLATION CITED : Industrial Relations Act 1996 HEARING DATES: 07/03/2002; 11/15/2002 EXTEMPORE JUDGMENT DATE : 12/02/2002 APPLICANT Mr E Razborsek Labor Council of New South Wales LEGAL REPRESENTATIVES: RESPONDENT Mr B Swebeck Pacific Power JUDGMENT: - 3 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: HARRISON DP Monday, 2 December 2002 Matter No IRC 3647 of 2002 PACIFIC POWER EMPLOYEES CONSENT AWARD 2002 Application by Labor Council of New South Wales for a new award DECISION [2002] NSWIRComm 329 1 This is an application by the Labor Council of New South Wales ("the Labor Council") seeking the making of a new award between Pacific Power, the Labor Council and the following unions: · Electrical Trades Union of Australia, New South Wales Branch (ETU); · Federated Municipal and Shire Council Employees' Union of Australia, New South Wales Division (MEU); · Association of Professional Engineers, Scientists and Managers, Australia (New South Wales Branch) (APESMA); · Construction, Forestry, Mining and Energy Union (New South Wales Branch) (CFMEU); · Public Service Association of New South Wales (PSA); · Australian Institute of Marine and Power Engineers New South Wales District (AIMPE); · The Australian Workers' Union, New South Wales (AWU); and · Australian Manufacturing Workers Union, New South Wales Branch (AMWU) 2 The matter was first before the Commission on 3 July 2002. On that occasion the parties informed the Commission that issues had arisen which required further negotiation. The matter was adjourned subject to relist at the request of either party. 3 The application was subsequently subject to hearing on 15 November 2002. 4 Mr E Razborsek appeared on behalf of the Labor Council and respondent unions. Mr B Swebeck appeared on behalf of Pacific Power with Mr V Di Donato. 5 Mr Razborsek submitted that the award sought is the result of extensive negotiation and discussion between the parties and will replace and rescind the Pacific Power Employees Consent Award 2000 325 IG 1108. 6 Mr Razborsek tendered an amended application (exhibit 1), resulting from further discussions undertaken by the parties since the application was filed. 7 Mr Razborsek submitted that the application as amended complies with the statutory requirements and State Wage Case principles. 8 Mr Swebeck concurred with the submissions of Mr Razborsek and enunciated Pacific Power's consent to the making of the new Award in the terms of exhibit 1. 9 The application seeks comprehensive prescription of wages and conditions of employment to apply to employees of Pacific Power International. 10 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. 11 The Pacific Power Employees Consent Award 2002 is made in accordance with the application with effect from the first pay period to commence on or after 15 November 2002 to remain in effect for a period of twelve months therefrom. 12 The award rescinds and replaces the Pacific Power Employees Consent Award 2000. An order of recission issues herewith. 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.