NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Country Energy Managers and Specialists Enterprise Agreement 2009 [2009] NSWIRComm 90
APPLICANT Country Energy PARTIES: RESPONDENTS New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union The Association of Professional Engineers, Scientists and Managers Australia
FILE NUMBER(S): IRC 714 of 2009
CORAM: Harrison DP
CATCHWORDS: ENTERPRISE AGREEMENT - Application for approval of enterprise agreement - Agreement approved with effect from 2 June 2009 to 1 June 2012
LEGISLATION CITED: Industrial Relations Act 1996
HEARING DATES: 2 June 2009
DATE OF JUDGMENT: 15 June 2009
EXTEMPORE JUDGMENT DATE: 2 June 2009
APPLICANT Mr P Marzato LEGAL REPRESENTATIVES:
RESPONDENTS Ms T Brown
JUDGMENT:
- 2 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
CORAM: HARRISON DP
Monday, 15 June 2009
Matter No IRC 714 of 2009
COUNTRY ENERGY MANAGERS AND SPECIALISTS ENTERPRISE AGREEMENT 2009
Application by Country Energy for approval of an Enterprise Agreement
DECISION
[2009] NSWIRComm 90
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 40 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 2 June 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) and The Association of Professional Engineers, Scientists and Managers Australia (APESMA). 5 The application is supported by the necessary Statement of Particulars and an affidavit signed by Mr Marzato (Ex 2) certifying that the agreement (Ex1) 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 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 concurred with the content of exhibit 2 and confirmed that both the USU and APESMA 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 Managers and Specialists Enterprise Agreement 2009 is approved in the terms of the application with effect from 2 June 2009 to remain in force until 1 June 2012, and as such is an industrial instrument enforceable pursuant to the Industrial Relations Act 1996. __________
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