Industrial Relations Commission of New South Wales CITATION: Country Energy Enterprise Award 2005 [2005] NSWIRComm 370 Electrical Trades Union of Australia, NSW Branch Country Energy Australian Services Union (ASU) PARTIES: New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (USU) The Association of Professional Engineers, Scientists and Managers Australia (APESMA) FILE NUMBER(S): IRC 4796 of 2005 CORAM: Harrison DP CATCHWORDS: Application for new award - award to apply to employees of Country Energy - Award made by consent of the parties with effect from 1 July 2005 LEGISLATION CITED: Industrial Relations Act 1996 HEARING DATES: 10/05/2005 EXTEMPORE JUDGMENT DATE: 10/18/2005 APPLICANT Ms R Mifsud (ETU) LEGAL REPRESENTATIVES: RESPONDENTS Mr A Chase, Country Energy Mr P Marzato, USU Mr G Brock, APESMA JUDGMENT: - 2 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: HARRISON DP 18 October 2005 Matter No IRC 4796 of 2005 COUNTRY ENERGY ENTERPRISE AWARD 2005 Application by Country Energy for a new award DECISION [2005] NSWIRComm 370 1 This is an application by the Electrical Trades Union of Australia, NSW Branch (ETU) seeking the making of a new award to apply to Country Energy and its employees employed in the classifications contained in Table 1 of the application. Also respondent to the award are: · The Australian Services Union (ASU) · New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (USU) · The Association of Professional Engineers, Scientists and Managers Australia (APESMA) 2 The application was subject to hearing on 5 October 2005. Ms R Mifsud appeared on behalf of the ETU. Mr P Marzato appeared on behalf of the USU. Mr G Brock appeared on behalf of APESMA. Mr A Chase appeared on behalf of Country Energy. 3 Ms Mifsud tendered an amended application (exhibit 1) and detailed the changes therein which correct drafting errors in the applicant. 4 Ms Mifsud submitted that the award sought is by consent of the parties and complies with the legislative requirements. 5 Mr Marzato and Mr Brock enunciated the support of their organisations for the making of the award. 6 Mr Chase reiterated the consent of the parties to the making of the award and its compliance with the relevant legislation. 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 The Country Energy Enterprise Award 2005 is made in accordance with the amended application (Exhibit 1), with effect from the first pay period commencing on or after 1 July 2005 to remain in force until 30 June 2007; and rescinds and replaces the Country Energy Enterprise Award 2004 347 IG 676. 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.