Industrial Relations Commission of New South Wales CITATION : Eraring Energy Employees Consent Award 2004 [2004] NSWIRComm 37 APPLICANT PARTIES : Eraring Energy RESPONDENTS Labor Council of NSW; Electrical Trades Union of Australia, NSW Branch; NSW Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union; Association of Professional Engineers, Scientists and Managers, Australia, NSW Branch; Construction, Forestry, Mining and Energy Union (NSW Energy District); Public Service Association of NSW; Australian Institute of Marine and Power Engineers, NSW District; Australian Workers Union, NSW Branch; Australian Manufacturing Workers Union, NSW Branch. FILE NUMBER: IRC 751 of 2004 CORAM: Harrison DP CATCHWORDS : Application for new award - Energy industry - award made. LEGISLATION CITED : Industrial Relations Act 1996 HEARING DATES: 02/26/2004 EXTEMPORE JUDGMENT DATE : 03/03/2004 APPLICANT Mr S Durie Eraring Energy LEGAL REPRESENTATIVES: RESPONDENTS Mr P McPherson, Labor Council of NSW Mr A Drew, CFMEU JUDGMENT: - 2 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: HARRISON DP 3 March 2004 Matter No IRC 751 of 2004 ERARING ENERGY EMPLOYEES CONSENT AWARD 2004 Application by Eraring Energy for a new award DECISION [2004] NSWIRComm 37 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 2002 (336 IG 764) ('the 2002 Award'). 2 The application is made with the consent of Eraring Energy, Labor Council of New South Wales 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 26 February 2004. 4 Mr S Durie appeared on behalf of Eraring Energy. 5 Mr P McPherson appeared on behalf of the Labor Council of New South Wales, ETU, USU, APESMA, PSA, AIMPE, AWU and AMWU. Mr A Drew appeared for the CFMEU. 6 Mr Durie 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. 7 Mr McPherson tendered (exhibit 1) correspondence between the parties during the negotiation of the Award. 8 Messrs McPherson and Drew enunciated the consent of the respondent Unions to the making of the new Award in the terms of the application. 9 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. 10 The Eraring Energy Employees Consent Award 2004 is made in accordance with the application to apply from 16 February 2004 and to remain in force until 28 February 2006. 11 This award rescinds and replaces the Eraring Energy Employees Consent Award 2002 (336 IG 764). 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.