Industrial Relations Commission of New South Wales CITATION : Thermaline Pty Ltd Electrical Services Enterprise Agreement 2004 [2004] NSWIRComm 141 APPLICANT PARTIES : Electrical Trades Union of Australia, NSW Branch RESPONDENT Thermaline Pty Ltd Electrical Services FILE NUMBER: IRC 2620 of 2004 CORAM: Harrison DP CATCHWORDS : Application for approval of enterprise agreement - Electrical, electronic and communications contracting industry - fourth generation agreement - Agreement approved LEGISLATION CITED : Industrial Relations Act 1996 HEARING DATES: 05/20/2004 EXTEMPORE JUDGMENT DATE : 05/26/2004 APPLICANT Mr R Alexander, ETU LEGAL REPRESENTATIVES: RESPONDENT Mr D Rothery, Thermaline Pty Ltd JUDGMENT: - 2 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: HARRISON DP 26 MAY 2004 Matter No IRC 2620 of 2004 THERMALINE PTY LTD ELECTRICAL SERVICES ENTERPRISE AGREEMENT 2004 Application by Electrical Trades Union of Australia, New South Wales Branch for approval of enterprise agreement DECISION [2004] NSWIRComm 141 1 This is an application by the Electrical Trades Union of Australia, New South Wales Branch (ETU) seeking approval of an enterprise agreement with Thermaline Pty Ltd Electrical Services ('the Company'). 2 The application was subject to hearing on 20 May 2004. Mr R Alexander appeared on behalf of the ETU. Mr D Rothery appeared on behalf of the Company. 3 The application is supported by the necessary Statement of Particulars and an affidavit signed by Mr B Riordan, Secretary of the ETU, 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 Alexander submitted that the agreement sought is the fourth agreement with the Company, complies with legislative requirements, and was commended for approval. 5 Mr Rothery concurred with the submissions of Mr Alexander. 6 I am satisfied that the application as amended adequately demonstrates that the Agreement submitted for approval complies with all necessary tests and has the genuine consent of the parties. 7 The Thermaline Pty Ltd Electrical Services Enterprise Agreement 2004 is made in accordance with the application to take effect on and from 1 April 2004 and remain in force until 31 December 2006. 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.