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. 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.