Macquarie Generation Enterprise Agreement 2005 [2005] NSWIRComm 195

Industrial Relations Commission of New South Wales

CITATION: Macquarie Generation Enterprise Agreement 2005 [2005] NSWIRComm 195

Macquarie Generation PARTIES: Unions NSW; Construction, Forestry, Mining and Energy Union (NSW Branch); The Electrical Trades Union of Australia, NSW Branch; Public Service Association of New South Wales; Australian Institute of Marine and Power Engineers; Australian Manufacturing Workers' Union; New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union; The Association of Professional Engineers, Scientists and Managers Australia; The Australian Workers' Union

FILE NUMBER(S): IRC 2724 of 2005

CORAM: Harrison DP

CATCHWORDS: Application for approval of enterprise agreement - sick leave provisions for employees retired due to ill health - Agreement approved

LEGISLATION CITED: Industrial Relations Act 1996

HEARING DATES: 06/03/2005

DATE OF JUDGMENT: 06/08/2005

APPLICANT Mr K Petersen Macquarie Generation LEGAL REPRESENTATIVES:

RESPONDENTS Mr P McPherson, Unions NSW

JUDGMENT:

- 2 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: HARRISON DP

8 June 2005

Matter No IRC 2724 of 2005

MACQUARIE GENERATION ENTERPRISE AGREEMENT 2005

Application by Macquarie Generation for approval of an enterprise agreement

DECISION

[2005] NSWIRComm 195

1 This is an application by Macquarie Generation ("the employer") seeking approval of an enterprise agreement between the employer and the following industrial organisations: · Unions NSW · Construction, Forestry, Mining and Energy Union (NSW Branch) · The Electrical Trades Union of Australia, NSW Branch · Public Service Association of New South Wales · Australian Institute of Marine and Power Engineers · Australian Manufacturing Workers' Union · New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union · The Association of Professional Engineers, Scientists and Managers Australia · The Australian Workers' Union 2 The application was subject to hearing on 3 June 2005. 3 The application is supported by the necessary Statement of Particulars and an affidavit signed by Mr C. Peebles in his capacity of Manager Human Resources of the employer, certifying that the agreement complies with the relevant statutory requirements; the no net detriment test; was not entered into under duress; and complies with the principles for approval determined by the Commission. 4 The agreement preserves long standing provisions previously prescribed by award for employees retired due to ill health. 5 The agreement is read in conjunction with the Macquarie Generation Employees (State) Award in force from time to time and imports the necessary disputes procedure and other mandatory provisions from that award. 6 I am satisfied that the material presented to the Commission adequately demonstrates that the Agreement submitted for approval complies with all necessary tests. 7 The Macquarie Generation Enterprise Agreement 2005 is approved in terms of the application to apply from 3 June 2005 and to remain in force for a period of three years therefrom.