Industrial Relations Commission of New South Wales CITATION: Country Energy Human Resources Adviser Enterprise Agreement 2008 [2009] NSWIRComm 65 APPLICANT PARTIES: Country Energy RESPONDENT New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union FILE NUMBER(S): IRC 585 of 2009 CORAM: Harrison DP CATCHWORDS: Application for approval of enterprise agreement - Agreement approved in terms of application. LEGISLATION CITED: Industrial Relations Act 1996 HEARING DATES: 6/5/09 DATE OF JUDGMENT: 8 May 2009 EXTEMPORE JUDGMENT DATE: 6 May 2009 APPLICANT Mr P Marzato LEGAL REPRESENTATIVES: RESPONDENT Ms T Brown JUDGMENT: - 2 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: HARRISON DP Friday , 8 May 2009 Matter No IRC 585 of 2009 COUNTRY ENERGY HUMAN RESOURCES ADVISER ENTERPRISE AGREEMENT 2008 Application by Country Energy for approval of an Enterprise Agreement DECISION [2009] NSWIRComm 65 1 Country Energy has entered into a referral agreement with Unions NSW and affiliates pursuant to s 146A of the New South Wales Industrial Relations Act 1996 ("the Act"). The referral agreement (NREF 42 of 2008), filed with the Industrial Registrar, commits the parties to the provisions of the Act and the powers of the Commission conferred thereby. 2 Pursuant to that referral agreement Country Energy seeks the exercise of the Commission's powers to approve an enterprise agreement negotiated between the parties. 3 The application was subject to Hearing on 6 May 2009. 4 Mr P Marzato appeared on behalf of Country Energy. Ms T Brown appeared for New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (USU). 5 The application is supported by the necessary Statement of Particulars and an affidavit signed by Mr Marzato (exhibit 1) certifying that the agreement complies with the relevant statutory requirements; the no net detriment test; was not entered into under duress; and complies with the principles for approval determined by the Commission. Mr Marzato was not required for cross examination. 6 Mr Marzato's affidavit (Ex 1) succinctly and effectively sets out the background and effect of the application. Mr Marzato placed on record the administrative arrangements for execution of the Agreement. 7 Ms Brown confirmed the content of exhibit 1 and advised that the USU had conducted a ballot of Country Energy employees subject to the Agreement which had voted overwhelmingly in favour of acceptance. The USU supported approval of the Agreement. 8 I am satisfied that the material presented to the Commission adequately demonstrates that the Enterprise Agreement submitted for approval complies with all necessary tests. 9 The Country Energy Human Resources Advisers Enterprise Agreement 2008 is approved in the terms of the application with effect from 6 May 2009 and as such is an industrial instrument enforceable pursuant to the Industrial Relations Act 1996. __________ 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.