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. 4 Mr Kerr in the course of submissions took the Commission to the detail of Agreement and endorsed the compliance of the Agreement to the relevant provisions for approval of enterprise agreements. 5 Mr Milne enunciated the support of the employees for approval of the Agreement. 6 I am satisfied that the application adequately demonstrates that the Agreement submitted for approval complies with all necessary tests and has the genuine consent of the parties. 7 The Power Serve Pty Ltd Enterprise Agreement 2004 is made in accordance with the application to take effect on and from 25 February 2005 and remain in force for a period of 2 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.