Industrial Relations Commission of New South Wales CITATION: Country Energy Enterprise Award 2004 [2005] NSWIRComm 181 Electrical Trades Union of Australia, NSW Branch Australian Professional Engineers, Scientists and Managers, Australia PARTIES: New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union Country Energy FILE NUMBER(S): IRC 2329 of 2005 CORAM: Harrison DP CATCHWORDS: Application for variation by insertion of clause 51 to be known as Superannuation - Award varied LEGISLATION CITED: Industrial Relations Act 1996 HEARING DATES: 05/19/2005 DATE OF JUDGMENT: 05/30/2005 APPLICANT Mr S Robinson (ETU) Mr G Brock (APESMA) LEGAL REPRESENTATIVES: RESPONDENT Mr C Lobegeir Country Energy JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: HARRISON DP 30 May 2005 Matter No IRC 2329 of 2005 COUNTRY ENERGY ENTERPRISE AWARD 2004 Application by the Electrical Trades Union of Australia, NSW Branch for variation re insertion of Clause 51 to be known as Superannuation DECISION [2005] NSWIRComm 181 1 This is an application filed on 9 May 2005 by the Electrical Trades Union of Australia, New South Wales Branch ('ETU') for variation of the Country Energy Enterprise Award 2004 ( 'the Award') 347 IG 676 by insertion of Clause 51, Superannuation. 2 The Award was made by Redman C. by consent of the parties to operate from 1 July 2003 to 30 June 2005. 3 The matter was subject to hearing on 19 May 2005. 4 Mr S Robinson appeared on behalf of the ETU. Mr G Brock appeared on behalf of the Australian Professional Engineers, Scientists and Managers, Australia (APESMA) and the New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (USU). 5 Mr C Lobegeier appeared on behalf of Country Energy with Mr J Morassutti. 6 Mr Robinson, supported by Mr Brock, submitted that the ETU sought variations to the Award, as detailed in the application, which are required to comply with changes to superannuation legislation commencing July 1 2005, to remove uncertainty in respect to superannuation contributions and to provide for salary sacrifice for superannuation purposes. 7 Mr Lobegeier concurred with the submission of Mr Robinson and expressed the consent of Country Energy to the variations sought. 8 I am satisfied that the variation sought by the applicant meets the requirements of the legislation and the Award is appropriately varied by consent of the parties in the terms of the application with effect from 19 May 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.