Industrial Relations Commission of New South Wales CITATION : Energy Australia Engineers' Enterprise Agreement 2004 [2004] NSWIRComm 305 PARTIES : Energy Australia; The Electricity Supply Professional Officer's Association; Association of Professional Engineers, Scientists and Managers, Australia FILE NUMBER: IRC 5824 of 2004 CORAM: Harrison DP CATCHWORDS : Application for approval of enterprise agreement to apply to persons employed as Engineers for EnergyAustralia - Application approved. LEGISLATION CITED : Industrial Relations Act 1996 HEARING DATES: 10/01/2004 EXTEMPORE JUDGMENT DATE : 10/11/2004 APPLICANT Mr R Carrington EnergyAustralia LEGAL REPRESENTATIVES: RESPONDENTS Mr G Brock APESMA JUDGMENT: - 2 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: HARRISON DP 11 October 2004 Matter No IRC 5824 of 2004 ENERGYAUSTRALIA ENGINEERS' ENTERPRISE AGREEMENT 2004 Application by Energy Australia for approval of enterprise agreement DECISION [2004] NSWIRComm 305 1. This is an application by EnergyAustralia ("the Employer") seeking approval of an enterprise agreement between the Employer and The Association of Professional Engineers, Scientists and Managers, Australia (NSW Branch) (APESMA) and the Electrical Supply Professional Officers Association (ESPOA). 2. The application was subject to hearing on 1 October 2004. Mr R Carrington appeared on behalf of the Employer. Mr G Brock appeared on behalf of APESMA and ESPOA. 3. The application supported by the necessary Statement of Particulars and an affidavit signed by Mr Ryan Carrington in his capacity of Employee Relations Officer, 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 sought is the outcome of long negotiations, commencing in January 2003, between the parties concerning issues arising in Matter No. IRC 3590 of 2004 for a revised skills-based classification structure within the Employer. 5. Mr Carrington submitted that the Agreement covers the distinct classification of Engineers, submitting that the Agreement provides an immediate wage increase on transfer to the new structure. All Band 2, Level 4 engineers will automatically move to Band 3, Level 1 of the revised salary structure and then be subject to an evaluation process to determine eligibility for progression to Band 3, Level 2. 6. Mr Carrington noted that the parties have agreed that the operative date of the Agreement be 1 July 2003. 7. Mr Brock concurred with the submissions of Mr Carrington. 8. I am satisfied that the material presented to the Commission adequately demonstrates that the Agreement submitted for approval complies with all necessary tests. 9. The EnergyAustralia Engineers' Enterprise Agreement 2004 is approved in terms of the application with an operative date of 1 July 2003 to remain in force for 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.