Industrial Relations Commission of New South Wales CITATION: Notification under section 130 by The Electrical Trades Union of Australia, NSW Branch of a dispute with Integral Energy re negotiation and agreement of changes in award [2010] NSWIRComm 105 PARTIES: The Electrical Trades Union of Australia, NSW Branch Integral Energy FILE NUMBER(S): IRC 1702 of 2009 CORAM: Harrison DP CATCHWORDS: Notification under s 130 - Award compliance - Commercial contestibility of bulk lamp change - internal bid successful in tender process independently governed in accordance with New South Wales Government Guidelines - Functional agreement on work practice change. LEGISLATION CITED: Industrial Relations Act 1996 HEARING DATES: 5 November 2009, 22 July 2010 DATE OF JUDGMENT: 28 July 2010 Mr B Currey (Applicant) The Electrical Trades Union of Australia, NSW Branch LEGAL REPRESENTATIVES: Mr M Greenhill (Respondent) Integral Energy JUDGMENT: - 2 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: HARRISON DP Wednesday 28 July 2010 Matter No IRC 1702 of 2009 Notification under section 130 by The Electrical Trades Union of Australia, NSW Branch of a dispute with Integral Energy re negotiation and agreement of changes in award STATEMENT [2010] NSWIRComm 105 1 The Integral Energy Conditions of Employment Award 2008 [2009] 368 IG 1623 ("the Award") provides that the parties will address a number of areas of reform during the term of the Award. 2 Clause 3.5 specifically identifies the commercial contesting of bulk street lamp change and meter reading functions in consultation with the Contracting Consultative Committee. 3 This Statement concerns the bulk lamp change only. 4 The matter has been before the Commission since 30 October 2009 and served as the vehicle for report to the Commission during the course of the consultative process. 5 On 22 July 2010 Mr B Currey appeared on behalf of The Electrical Trades Union of Australia, NSW Branch (ETU). Mr M Greenhill appeared on behalf of Integral Energy ("Integral"). 6 Mr Greenhill reported that competitive tendering had been called, including an opportunity for employees involved to put an internal bid. 7 Mr Greenhill reported that the ETU had taken a leadership role in development of the internal bid, which was successful in a commercial process conducted in accordance with New South Wales Government guidelines which is an independently governed process. 8 Mr Greenhill put that the internal bid reflected extremely well on the capability of the staff and the ETU in putting it together. The outcome is documented in an agreement titled "Integral Energy Street Light Maintenance Agreement 2010" (Ex 1) 9 Mr Currey confirmed and supported Mr Greenhill's submissions, adding that the provisions of clause 1.6 of the Award are the facilitative process for the functional agreement (Ex 1). 10 The parties are to be congratulated on the responsible and professional manner in which they have addressed the issues of change and award compliance. 11 Matter No IRC 1702 of 2009 is so concluded. _________ 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.