Power Serve Pty Ltd Enterprise Agreement 2004 [2005] NSWIRComm 75

Industrial Relations Commission of New South Wales

CITATION: Power Serve Pty Ltd Enterprise Agreement 2004 [2005] NSWIRComm 75

PARTIES: Power Serve Pty Ltd and its employees

FILE NUMBER(S): of 2005

CORAM: Harrison DP

Application for approval of enterprise agreement - Agreement to apply to all employees of company within New South Wales covered by parent award - replaces previous agreement - agreement approved. CATCHWORDS:

LEGISLATION CITED: Industrial Relations Act 1996

HEARING DATES: 02/25/2005 EXTEMPORE JUDGMENT DATE: 03/09/2005

APPLICANT Mr G Kerr Greg Kerr Consultancies LEGAL REPRESENTATIVES:

RESPONDENT Mr D Milne Employee representative

JUDGMENT:

- 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: HARRISON DP

9 March 2005

Matter No IRC 567 of 2005

POWER SERVE PTY LTD ENTERPRISE AGREEMENT 2004

Application by Power Serve Pty Ltd for approval of enterprise agreement

DECISION

[2005] NSWIRComm 75

1 This is an application by Power Serve Pty Ltd ("the Company") seeking approval of an enterprise agreement between the Company and all of its employees engaged pursuant to the Electrical, Electronic and Communication Contracting Industry (State) Award 318 IG 645 ("the Award") within the state of New South Wales.

2 The application was subject to hearing on 25 February 2005. Mr G Kerr of Greg Kerr Consultancies appeared on behalf of the Company with Mr D Keith. Mr D Milne appeared as employee representative with Mr D Stringer, Mr M Corcoran and Mr R Crawford.

3 The application is supported by the necessary Statement of Particulars and an affidavit signed by Mr David Harrison in his capacity as General Manager of the Company, deposing that the agreement complies with all relevant statutory requirements, satisfies the no net detriment test and was not entered into under duress.