TransGrid Employee Agreement 2008 [2009] NSWIRComm 95

Industrial Relations Commission of New South Wales

CITATION: TransGrid Employee Agreement 2008 [2009] NSWIRComm 95

TransGrid (Applicant) Unions NSW (Respondents) Construction, Forestry, Mining and Energy Union (NSW Branch) PARTIES: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union Australian Workers' Union, New South Wales Association of Professional Engineers, Scientists and Managers Australia Electrical Trades Union of Australia, NSW Branch

FILE NUMBER(S): IRC 822 of 2009

CORAM: Harrison DP

CATCHWORDS: ENTERPRISE AGREEMENT - Application for approval of enterprise agreement - Referral Agreement pursuant to s146A APPROVED - in terms of application with effect from 19 June 2009 until 1 December 2010

LEGISLATION CITED: Industrial Relations Act 1996

HEARING DATES: 19 June 2009

DATE OF JUDGMENT: 19 June 2009

EXTEMPORE JUDGMENT DATE: 19 June 2009

Hicksons Lawyers (Applicant) LEGAL REPRESENTATIVES:

Unions NSW (Respondents)

JUDGMENT:

- 2 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: HARRISON DP

Friday, 19 June 2009

Matter No IRC 822 of 2009

TRANSGRID EMPLOYEE AGREEMENT 2008

Application by TransGrid for approval of an Enterprise Agreement

DECISION

[2009] NSWIRComm 95

1 TransGrid 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 19 of 2009), 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 TransGrid 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 19 June 2009. 4 Mr B Swebeck, Solicitor of Hicksons Lawyers, appeared on behalf of TransGrid with Mr P Harkness and Ms J Parkes. 5 Mr P McPherson appeared on behalf of Unions NSW, Construction, Forestry, Mining and Energy Union (NSW Branch), Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (PSA), New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (USU), the Australian Workers' Union, New South Wales (AWU) and the Association of Professional Engineers, Scientists and Managers Australia (APESMA). Mr R Wilson appeared on behalf of the Electrical Trades Union of Australia, NSW Branch (ETU). 6 The application is supported by the necessary Statement of Particulars and an affidavit signed by Mr Michael Gatt, General Manager/Corporate of TransGrid, (Ex 2) certifying that the Agreement (Ex 3) 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 Gatt was not required for cross examination. 7 The TransGrid Employee Agreement 2008 is a comprehensive industrial instrument setting wages and conditions of employment for the period to 1 December 2010. 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 TransGrid Employee Agreement 2008 is approved in the terms of the application with effect from 19 June 2009 to remain in force until 1 December 2010, and as such is an industrial instrument enforceable pursuant to the Industrial Relations Act 1996. __________