Industrial Relations Commission of New South Wales CITATION : EnergyAustralia Professionals, Managers and Specialists Enterprise Agreement 2002 [2003] NSWIRComm 115 APPLICANT EnergyAustralia PARTIES : RESPONDENT Electricity Supply Professional Officer's Association Federated Municipal and Shire Council Employees' Union of Australia, New South Wales Division Association of Professional Engineers, Scientists and Managers, Australia (New South Wales Branch) FILE NUMBER: IRC 1858 of 2003 CORAM: Harrison DP CATCHWORDS : Application for enterprise agreement - innovative arrangements to meet business and individual circumstances - Agreement approved LEGISLATION CITED : Industrial Relations Act 1996 HEARING DATES: 04/08/2003 DATE OF JUDGMENT: 04/16/2003 APPLICANT Mr B Grimshaw, EnergyAustralia LEGAL REPRESENTATIVES: RESPONDENTS Ms S Page, Federated Municipal and Shire Council Employees' Union of Australia, New South Wales Division Mr P Hosford, Electricity Supply Professional Officer's Association Federated Municipal and Shire Council Employees' Union of Australia, New South Wales Division (MEU) JUDGMENT: - 2 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: HARRISON DP 16 April 2003 Matter No IRC 1858 of 2003 ENERGYAUSTRALIA PROFESSIONALS, MANAGERS AND SPECIALISTS ENTERPRISE AGREEMENT 2002 Application by EnergyAustralia for approval of an enterprise agreement. DECISION [2003] NSWIRComm 115 1 This is an application by EnergyAustralia seeking approval of an enterprise agreement between EnergyAustralia and the following parties: · Electricity Supply Professional Officer's Association (ESPOA) · Association of Professional Engineers, Scientists and Managers, Australia (New South Wales Branch) (APESMA) · Federated Municipal and Shire Council Employees' Union of Australia, New South Wales Division (MEU) 2 The application was subject to hearing on 8 April 2003. Mr B Grimshaw appeared on behalf of EnergyAustralia. Ms S Page appeared on behalf of the MEU; Mr P Hosford appeared on behalf of the ESPOA. Correspondence was tendered by Mr Grimshaw (Ex 1) over the signature of Mr G Brock, Senior Industrial Officer, APESMA. 3 The application is supported by the necessary Statement of Particulars and an affidavit signed by Mr Grimshaw in his capacity of Manager Industrial Relations of EnergyAustralia, certifying that the agreement complies with the relevant statutory requirements; satisfies 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 applies in conjunction with the EnergyAustralia Award 2003 [2003] NSWIRComm 117 to provide innovative and flexible operational arrangements, performance assessment procedures, and remuneration options consistent with business needs and individual circumstances. 5 Ms Page and Mr Hosford enunciated the support of their organisations for approval of the agreement putting that the agreement had received unanimous endorsement by their members. Exhibit 1 sets out the support of APESMA for approval. 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 EnergyAustralia Professional, Managers and Specialists Enterprise Agreement 2002 is approved in the terms of the application, with effect from 19 December 2002 for a period of two 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.