Industrial Relations Commission of New South Wales CITATION: Country Energy Technical Training Services Enterprise Agreement 2008 [2009] NSWIRComm 101 PARTIES: Country Energy (Applicant) Electrical Trades Union of Australia, New South Wales Branch (Respondent) FILE NUMBER(S): IRC 857 of 2009 CORAM: Harrison DP CATCHWORDS: ENTERPRISE AGREEMENT - Application for approval of enterprise agreement - Referral Agreement pursuant to s146A of the Act APPROVED - agreement approved with effect from 23 June 2009 to 30 June 2010 LEGISLATION CITED: Industrial Relations Act 1996 HEARING DATES: 23 June 2009 DATE OF JUDGMENT: 26 June 2009 EXTEMPORE JUDGMENT DATE: 23 June 2009 APPLICANT Mr P Marzato LEGAL REPRESENTATIVES: RESPONDENT Mr A McKinnon JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: HARRISON DP Friday, 26 June 2009 Matter No IRC 857 of 2009 COUNTRY ENERGY TECHNICAL TRAINING SERVICES ENTERPRISE AGREEMENT 2008 Application by Country Energy for approval of an Enterprise Agreement DECISION [2009] NSWIRComm 101 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 23 June 2009. 4 Mr P Marzato appeared on behalf of Country Energy. Mr A McKinnon appeared for The Electrical Trades Union of Australia, NSW Branch (ETU). 5 The application is supported by the necessary Statement of Particulars and an affidavit signed by Mr Marzato (Ex 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 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 Mr McKinnon concurred with the content of Mr Marzato's submissions and confirmed that the ETU 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 Technical Training Services Enterprise Agreement 2008 is approved in the terms of the application with effect from 23 June 2009 to remain in force until 30 June 2010, 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.