Industrial Relations Commission of New South Wales CITATION : Delta Electricity Employees Award 2003 [2003] NSWIRComm 142 APPLICANT Delta Electricity RESPONDENTS Electrical Trades Union of Australia, New South Wales Branch Federated Municipal and Shire Council Employees' Union of Australia, New South Wales Division PARTIES : Association of Professional Engineers, Scientists and Managers, Australia (New South Wales Branch) Construction, Forestry, Mining and Energy Union (New South Wales Branch) Public Service Association and Professional officers Association Amalgamated Union of New South Wales Australian Institute of Marine and Power Engineers New South Wales District The Australian Workers' Union, New South Wales Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union The Labor Council of New South Wales FILE NUMBER: IRC 2073 of 2003 CORAM: Harrison DP CATCHWORDS : Application for new award - Energy industry - award made LEGISLATION CITED : Industrial Relations Act 1996 HEARING DATES: 04/28/2003 EXTEMPORE JUDGMENT DATE : 05/01/2003 APPLICANT Mr E McLachlan, Delta Electricity LEGAL REPRESENTATIVES: RESPONDENTS Mr E Razborsek, Labor Council of NSW JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: HARRISON DP 1 May 2003 Matter No IRC 3828 of 2001 DELTA ELECTRICITY EMPLOYEES AWARD 2003 Application by Delta Electricity for a new award DECISION [2003] NSWIRComm 142 1 This is an application by Delta Electricity seeking the making of a new award to apply to employees of Delta Electricity, represented by: · The Labor Council of New South Wales. · Electrical Trades Union of Australia, New South Wales Branch (ETU); · Federated Municipal and Shire Council Employees' Union of Australia, New South Wales Division (FMSCEU); · Association of Professional Engineers, Scientists and Managers, Australia (New South Wales Branch) (APESMA); · Construction, Forestry, Mining and Energy Union (New South Wales Branch) (CFMEU); · Public Service Association and Professional officers Association Amalgamated Union of New South Wales (PSA); · Australian Institute of Marine and Power Engineers New South Wales District (AIMPE); · The Australian Workers' Union, New South Wales (AWU); and · Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU); ("the unions"). 2 The application was subject to hearing on 28 April 2003. 3 Mr E McLachlan appeared on behalf of Delta Electricity. Mr E Razborsek appeared on behalf of the Labor Council of NSW and respondent unions. 4 Mr McLachlan submitted that the award sought is the result of extensive negotiation and discussion between the parties following the expiry of the Delta Electricity Employees Award 2001 332 IG 771 ("the 2001 award"), and will rescind and replace the 2001 award. An order of rescission of the 2001 award issues herewith. 5 Mr McLachlan submitted that the award sought complies with statutory requirements and State Wage Case principles. 6 Mr Razborsek endorsed the submissions of Mr McLachlan and enunciated the consent of the unions to the making of the Award in the terms of the application. 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 Delta Electricity Employees Award 2003 is made in accordance with the application with effect from 11 March 2003 to remain in effect until 11 March 2005. 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.