Industrial Relations Commission of New South Wales CITATION: EnergyAustralia Professional, Managers and Specialists Enterprise Agreement 2005 [2005] NSWIRComm 468 APPLICANT EnergyAustralia RESPONDENTS PARTIES: Association of Professional Engineers, Scientists and Managers, Australia (New South Wales Branch) Electricity Supply Professional Officer's Association New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union FILE NUMBER(S): IRC 6535 of 2005 CORAM: Harrison DP CATCHWORDS: Application for enterprise agreement - to apply from 13 December 2005 for a period of two years therefrom - agreement approved LEGISLATION CITED: Industrial Relations Act 1996 HEARING DATES: 12/13/2005 DATE OF JUDGMENT: 12/13/2005 APPLICANT Mr R Carrington LEGAL REPRESENTATIVES: RESPONDENT Mr G Brock (APESMA/ESPOA) Mr P Marzato (USU) JUDGMENT: - 2 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: HARRISON DP 13 December 2005 Matter No IRC 6535 of 2005 ENERGYAUSTRALIA PROFESSIONALS, MANAGERS AND SPECIALISTS ENTERPRISE AGREEMENT 2005 Application by EnergyAustralia for approval of an enterprise agreement. DECISION [2005] NSWIRComm 468 1 This is an application by EnergyAustralia seeking approval of an enterprise agreement between EnergyAustralia and the following parties: · Association of Professional Engineers, Scientists and Managers, Australia (New South Wales Branch) (APESMA) · Electricity Supply Professional Officer's Association (ESPOA) · New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (USU) 2 The application was subject to hearing on 13 December 2005. Mr R Carrington appeared on behalf of EnergyAustralia. Mr G Brock appeared on behalf of APESMA and ESPOA. Mr P Marzato appeared on behalf of the USU. 3 The application is supported by the necessary Statement of Particulars and an affidavit signed by Mr B Grimshaw in his capacity of Manager Industrial Relations of EnergyAustralia, certifying that the agreement complies with the relevant statutory requirements; satisfies the no net detriment test; was not entered into under duress; and complies with the principles for approval determined by the Commission. 4 Mr Brock and Mr Marzato enunciated the support of their organisations for approval of the agreement. . 5 I am satisfied that the material presented to the Commission adequately demonstrates that the Agreement submitted for approval complies with all necessary tests. 6 The EnergyAustralia Professional, Managers and Specialists Enterprise Agreement 2005 is approved in the terms of the application, with effect from 13 December 2005 for a period of two years therefrom. 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.