Industrial Relations Commission of New South Wales CITATION : EnergyAustralia Appliance Sales Consent Award 2003 [2003] NSWIRComm 257 APPLICANT PARTIES : EnergyAustralia RESPONDENT New South WAles Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union FILE NUMBER: IRC 4021 of 2003 CORAM: Harrison DP CATCHWORDS : Application for new award - Appliance sales industry - award made - rescinds and replaces 2000 award LEGISLATION CITED : Industrial Relations Act 1996 HEARING DATES: 08/06/2003 EXTEMPORE JUDGMENT DATE : 08/08/2003 APPLICANT Mr J Carroll LEGAL REPRESENTATIVES: RESPONDENT Ms S Page JUDGMENT: - 2 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: HARRISON DP 8 August 2003 Matter No IRC 4021 of 2003 ENERGYAUSTRALIA APPLIANCE SALES CONSENT AWARD 2003 Application by EnergyAustralia for a new award DECISION [2003] NSWIRComm 257 1 This is an application by EnergyAustralia seeking the making of a new award made between EnergyAustralia and the New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union ("the union") to regulate wages and conditions of employment for employees of EnergyAustralia engaged in the Appliance Sales business. 2 The application was subject to hearing on 6 August 2003. Mr J Carroll appeared on behalf of EnergyAustralia. Ms S Page appeared on behalf of the union. 3 Mr Carroll submitted that the award sought is the result of extensive negotiation and discussion between the parties and that it complies with the statutory requirements and State Wage Case principles. 4 Mr Carroll submitted that the award sought will rescind and replace the EnergyAustralia Appliance Sales Award 2000 ("the 2000 Award") and is largely unchanged other than adjustments in respect to rate of pay, and certain statutory requirements. 5 Ms Page endorsed the submissions of Mr Carroll and enunciated the consent of the union to the making of the new Award. 6 It was agreed between the parties that the application be amended to reflect the correct title of the award. 7 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. 8 I am further satisfied that the award meets the requirements of s19 of the Industrial Relations Act 1996 and accordingly make the award as reviewed in accordance therewith. 9 The EnergyAustralia Appliance Sales Consent Award 2003 is made in accordance with the application as amended, with effect on and from the first pay period to commence on or after 12 August 2002, and shall remain in force for a period of three years therefrom; and rescinds and replaces the EnergyAustralia Appliance Sales Award 2000 332 IG 580. 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.