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. __________ 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.