Notification under section 146A by The Electrical Trades Union of Australia, NSW Branch and others to refer a dispute with Country Energy re 2009 award negotiations [2009] NSWIRComm 218

Industrial Relations Commission of New South Wales

CITATION: Notification under section 146A by The Electrical Trades Union of Australia, NSW Branch and others to refer a dispute with Country Energy re 2009 award negotiations [2009] NSWIRComm 218

Electrical Trades Union of Australia, New South Wales Branch PARTIES: New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union Association of Professional Engineers, Scientists and Managers Australia Country Energy

FILE NUMBER(S): IRC 1952 of 2009

CORAM: Harrison DP

CATCHWORDS: Industrial agreement negotiations consistent with NSW Government Wages Policy - operation of section 146A - intersection with Fair Work Act and Fair Work Transitional Provisions and Consequential Amendments Act. Agreement approved - Country Energy Enterprise Agreement 2009 - Preserved State Agreement to become Fair Work agreement-based transitional instrument.

Industrial Relations Act 1996 Industrial Relations (Commonwealth Powers) Act 2009 LEGISLATION CITED: (Cwth) Workplace Relations Act (Cwth) Fair Work Act (Cwth) Fair Work Transitional Provisions and Consequential Amendments Act

HEARING DATES: 15 December 2009

DATE OF JUDGMENT: 17 December 2009

EXTEMPORE JUDGMENT DATE: 15 December 2009

Ms R Mifsud Electrical Trades Union of Australia, NSW Branch

Ms N Falvey LEGAL REPRESENTATIVES: New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union Association of Professional Engineers, Scientists and Managers Australia