Industrial Relations Commission of New South Wales CITATION: Eraring Energy Employees Consent Award 2006 [2005] NSWIRComm 455 Eraring Energy PARTIES: Unions NSW; Electrical Trades Union of Australia, New South Wales Branch; NSW Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union; Association of Professional Engineers, Scientists and Managers, Australia (New South Wales Branch); Construction, Forestry, Mining and Energy Union (New South Wales Branch) ; Public Service Association of New South Wales; Australian Institute of Marine and Power Engineers New South Wales District; The Australian Workers' Union, New South Wales; Australian Manufacturing Workers' Union, New South Wales Branch FILE NUMBER(S): IRC 6301 of 2005 CORAM: Harrison DP CATCHWORDS: Application for award - to rescind and replace 2004 award - award made from 1 January 2006 for a period for a period of three years - 2004 award rescinded LEGISLATION CITED: Industrial Relations Act 1996 HEARING DATES: 12/08/2005 EXTEMPORE JUDGMENT DATE: 12/08/2005 APPLICANT Mr B Swebeck Eraring Energy LEGAL REPRESENTATIVES: RESPONDENTS Mr P McPherson Unions NSW Mr J Page (ETU) JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: HARRISON DP 8 December 2005 Matter No IRC 6301 of 2005 ERARING ENERGY EMPLOYEES CONSENT AWARD 2006 Application by Eraring Energy for a new award DECISION [2005] NSWIRComm 455 1 This is an application by Eraring Energy for the making of a new award to rescind and replace the Eraring Energy Employees Consent Award 2004 (345 IG 940) ('the 2004 Award'). 2 The application is made with the consent of Eraring Energy, Unions NSW and the following unions on behalf of the employees of Eraring Energy: · Electrical Trades Union of Australia, New South Wales Branch (ETU); · NSW Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union (USU); · 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); · Australian Manufacturing Workers' Union, New South Wales Branch AMWU); ('the Unions'). 3 The application was subject to hearing on 8 December 2005. Mr B Swebeck appeared on behalf of Eraring Energy with Mr P Moriarty. 4 Mr P McPherson appeared on behalf of Unions NSW, CFMEU, USU, APESMA, PSA, AIMPE, AWU and AMWU. Mr J Page appeared for the ETU. 5 Mr Swebeck submitted that the application comes forward with the consent of the parties and satisfies all legislative and statutory requirements for the making of an award and complies with the relevant wage fixing principles. 6 Messrs McPherson and Page enunciated the consent of the respondent Unions to the making of the new Award in the terms of the application. 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 Eraring Energy Employees Consent Award 2006 is made in accordance with the application to apply from 1 January 2006 for a period of three years therefrom. 9 This award rescinds and replaces the Eraring Energy Employees Consent Award 2004. An order of rescission 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.