Country Energy Enterprise Award 2001 [2002] NSWIRComm 248

Industrial Relations Commission of New South Wales

CITATION : Country Energy Enterprise Award 2001 [2002] NSWIRComm 248 PARTIES : Electrical Trades Union of Australia, NSW Branch, Federated Municipal and Shire Council Employees' Union of Australia, NSW Division, Australian Services Union, Association of Professional Engineers, Scientists and Managers, Australia (NSW Branch), and Country Energy. FILE NUMBER: IRC4542 of 2002 CORAM: Harrison DP LEGISLATION CITED : Industrial Relations Act 1996 HEARING DATES: 08/20/2002 DATE OF JUDGMENT: 09/24/2002

Ms R Mifsud for ETU Mr M Lennon for Labor Council of NSW Mr P Marzato and Ms S Page for FMSCEU LEGAL REPRESENTATIVES: Mr G Brock and Mr M Kempston for APESMA Mr M Davis, Solicitor of Acuiti Legal for Country Energy

JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: HARRISON DP 23 September 2002

Matter No IRC 4542 of 2002

COUNTRY ENERGY ENTERPRISE AWARD 2001

Application by Electrical Trades Union of Australia, New South Wales Branch Power for a new award

DECISION [2002] NSWIRComm 248

1 This is an application by Electrical Trades Union of Australia, New South Wales Branch (ETU) seeking the making of a new award to regulate wages and conditions of employment of employees engaged by Country Energy. The parties to the award are identified as Country Energy; the ETU; the Federated Municipal and Shire Council Employees' Union of Australia, New South Wales Division (FMSCEU); the Australian Services Union (ASU); and the Association of Professional Engineers, Scientists and Managers, Australia (New South Wales Branch) (APESMA). 2 The application was subject to hearing on 20 August 2002. Ms R Mifsud appeared on behalf of the ETU and ASU. Mr M Lennon appeared on behalf of the Labor Council of New South Wales. Mr P Marzato appeared with Ms S Page on behalf of the FMSCEU. Mr G Brock appeared with Mr S Kempton on behalf of APESMA. Mr M Davis, solicitor of Acuiti Legal, Solicitors, appeared on behalf of Country Energy with Mr C Lobegeier and Mr S Liddell. 3 Country Energy is a recently formed organisation brought into being by legislation of the Parliament of New South Wales which abolished the former organisations NorthPower, Advance Energy and Great Southern Energy. 4 The principle business of Country Energy is the supply of electricity in those parts of the state of New South Wales formerly serviced by NorthPower, Advance Energy and Great Southern Energy. 5 The award sought is to replace and rescind The Advance Energy Enterprise Award, Reviewed Award [2000] 31 IG 1166; the Great Southern Energy Enterprise Award, Reviewed Award [2001] 328 IG 305; and the NorthPower Rates of Pay and Conditions Award, [2001] 325 IG 1068. 6 All advocates enunciated the consent of their organisations to the making of the new Award in the terms of the application as amended and the rescission of the named Awards. 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.