Industrial Relations Commission of New South Wales CITATION: Mid Coast County Council Enterprise Award 2004 [2005] NSWIRComm 314 New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (USU); The Electrical Trades Union of Australia, NSW Branch (ETU); The Local Government Engineers Association (LGEA) The Local Government and Shires (LGSA); The Australian Services Union (ASU) PARTIES: Mid Coast County Council FILE NUMBER(S): IRC 3881 of 2005 CORAM: Harrison DP CATCHWORDS: Application for new award - rescind and replace previous award - award made by consent of parties - rescission of former award ordered LEGISLATION CITED: Industrial Relations Act 1996 HEARING DATES: 08/10/2005 DATE OF JUDGMENT: 08/31/2005 APPLICANT Mr P Marzato (USU) Mr R Alexander (ETU) LEGAL REPRESENTATIVES: RESPONDENT Mr N Hanington Mid Coast County Council JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: HARRISON DP 31 August 2005 Matter No IRC 3881 of 2005 MID COAST COUNTY COUNCIL ENTERPRISE AWARD 2004 Application by New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union for a new award and another matter JUDGMENT [2005] NSWIRComm 314 1 This is an application by New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union EnergyAustralia (USU) seeking the making of a new award to apply to all employees of Mid Coast County Council ('the Employer'). The respondent unions to the award are: · New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (USU) · The Electrical Trades Union of Australia, NSW Branch (ETU) · The Local Government Engineers Association (LGEA) · The Local Government and Shires (LGSA) · The Australian Services Union (ASU) 2 The application was subject to hearing on 10 August 2005. Mr P Marzato appeared on behalf of the USU. Mr R Alexander appeared on behalf of the ETU. Mr N Hanington appeared on behalf of the Employer. 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 Mid Coast County Council Enterprise Award 2001 339 IG 908 ("the 2001 Award"). 4 Mr Marzato, supported by Mr Alexander, submitted that the award sought meets all legislative requirements. 5 Mr Hanington enunciated the agreement of the Employer to the making of the award. 6 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. 7 The Mid Coast County Council Enterprise Award 2004 is made in accordance with the application, with effect from the first pay period on or after the date of filing of the application, 26 July 2005, to remain in force until 1 November 2007; and rescinds and replaces the Mid Coast County Council Enterprise Award 2001 339 IG 908. 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.