Industrial Relations Commission of New South Wales CITATION: Macquarie Generation Employees (State) Award 2005 [2005] NSWIRComm 196 Macquarie Generation PARTIES: Unions NSW; Construction, Forestry, Mining and Energy Union (NSW Branch); The Electrical Trades Union of Australia, NSW Branch; Public Service Association of New South Wales; Australian Institute of Marine and Power Engineers; Australian Manufacturing Workers' Union; New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union; The Association of Professional Engineers, Scientists and Managers Australia; The Australian Workers' Union FILE NUMBER(S): IRC 2723 of 2005 CORAM: Harrison DP CATCHWORDS: Application for a new award - award made by consent of parties LEGISLATION CITED: Industrial Relations Act 1996 HEARING DATES: 06/03/2005 DATE OF JUDGMENT: 06/08/2005 APPLICANT Mr K Petersen Macquarie Generation LEGAL REPRESENTATIVES: RESPONDENTS Mr P McPherson Unions NSW JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: HARRISON DP 8 June 2005 Matter No IRC 2723 of 2005 MACQUARIE GENERATION EMPLOYEES (STATE) AWARD 2005 Application by Macquarie Generation for a new award DECISION [2005] NSWIRComm 196 1 This is an application by Macquarie Generation seeking the making of a new award with the following industrial organisations: · Unions NSW · Construction, Forestry, Mining and Energy Union (NSW Branch) (CFMEU) · The Electrical Trades Union of Australia, NSW Branch (ETU) · Public Service Association of New South Wales (PSA) · Australian Institute of Marine and Power Engineers, NSW District (AIMPE) · The Association of Professional Engineers, Scientists and Managers Australia (APESMA) · New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (USU) · The Australian Workers' Union, New South Wales (AWU) · Australian Manufacturing Worker's Union (AMWU) 2 The application was subject to hearing on 3 June 2005. Mr K Petersen appeared on behalf of Macquarie Generation. The Unions were represented by Mr P McPherson, Unions NSW. 3 The award sought has been negotiated between the parties without industrial disruption or acrimony. 4 The award is to operate prospectively from 1 July 2005 and will provide an increase in the 40 point salary scale of 4.75 percent from that date. The 40 point salary scale is increased by 4.5 percent plus a further 0.25 percent in recognition of the early and amicable settlement of the negotiations between the parties. The 40 point salary scale will be increased from 1 July 2006 and 1 July 2007 by 4.75 percent on each occasion. All allowances prescribed by the award will be adjusted by 4.5 percent. 5 The award sought records the parties' commitment to: · Macquarie Generation being a successful business operating at least as efficiently as any comparable business; operating safe and reliable facilities for the generation of electricity; being an efficient and responsible supplier of electricity; participating successfully in the wholesale market for electricity; maintaining the net worth of the State's investment. · The continuing development of the Macquarie Generation workforce so that staff can work flexibly in order to more readily adapt to changes in business needs. · Participation in the development of a Training and Development Program including the development of a job evaluation and remuneration system for all employees. · Maintaining strict confidentiality of commercial information. · The express intention of the parties for Macquarie Generation to continue in a period of industrial stability and that the company will be spared the consequences of industrial action. 6 The parties make further commitment to arrangements for a training and development program with specified terms of reference. 7 The award sought will apply for three years from 1 July 2005 with an understanding and agreement between the parties that it will be renewed for a further period of 12 months, in effect providing industrial stability for a period of four years. 8 Mr McPherson confirmed that negotiations had taken place in good faith and cooperation and had been endorsed by mass meetings of employees; firstly in late April 2005 which adopted the agreement in principle; and subsequently in late May 2005 which endorsed the detail of the agreement now expressed in the award by a majority of 94.4 percent. 9 Mr McPherson noted the following significant aspects of the negotiations: · Macquarie Generation confirm that there are no plans or intentions for forced redundancies in the period of the award; · An issue in respect to annualised salary remains unresolved and leave reserved is allowed by clause 29 of the award to allow the parties to negotiate that matter during the first three months of the award; and, in the event that settlement is not reached, the matter will be referred to this Commission for determination pursuant to the disputes settlement procedure unrestrained by the no extra claims provision; · Macquarie Generation has no plans or intentions to change nine day fortnight working arrangements; · Arrangements in respect to the conduct of union representatives and other rights within the workplace are unchanged and the parties remain available to discuss and review these arrangements from time to time during the currency of the award; · The parties commit to the grievance procedure specified by the award for the resolution of internal appeals, both on merit and procedure; · Salary progression within the award for individual employees will continue in accordance with existing policy and be supported by information technology systems to be introduced by consultation between the parties; · Contractor entry procedures: Mr McPherson noted that there are no arrangements in the award for contractor entry procedures. He referred to negotiations between the parties in a number of matters before the Commission dealing with this subject. Mr McPherson put that the parties reiterate a commitment to utilising the disputes settlement procedures to resolve any outstanding matters in respect to this subject; · The making of the award will not have any impact or inference upon the position of the parties in matters currently subject to arbitration before the Commission dealing with salary for trades persons, non-trades persons, engineering officers and professional officers. 10 Mr McPherson formally recorded the appreciation of Unions NSW and the affiliated unions for the role of delegates and officials in negotiating the present application so significantly endorsed by 94.4 percent of the membership employed by Macquarie Generation, which he put signified the commencement of a new era in the relationship between the parties. 11 Mr Petersen acknowledged and concurred with the particular submissions of Mr McPherson and added the congratulations and appreciation of Macquarie Generation to the negotiating committee responsible for the mutually successful outcome now presented to the Commission in the form of an award to be made by consent of the parties. 12 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. 13 The Macquarie Generation Employees (State) Award 2005 is made in accordance with the application, with effect from 1 July 2005 to remain in force until 30 June 2008, to rescind and replace the Macquarie Generation Employees (State) Award 2002 (339 IG 13). 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.