Industrial Relations Commission of New South Wales CITATION: Country Energy Enterprise Award 2007 [2007] NSWIRComm 171 APPLICANT PARTIES: Electrical Trades Union of Australia, NSW Branch RESPONDENT Country Energy FILE NUMBER(S): IRC 1068 of 2007 CORAM: Harrison DP CATCHWORDS: Notification of dispute pursuant to s 130 - dispute resolved - section 146A agreement - award made LEGISLATION CITED: Industrial Relations Act 1996 HEARING DATES: 3/7/07 DATE OF JUDGMENT: 5 July 2007 APPLICANT Ms R Mifsud ETU LEGAL REPRESENTATIVES: RESPONDENT Mr P Smith Country Energy JUDGMENT: - 2 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: HARRISON DP Thursday, 5 July 2007 Matter No IRC 1068 of 2007 Notification under section 130 by The Electrical Trades Union of Australia, NSW Branch of a dispute with Country Energy re new living away home provision DECISION [2007] NSWIRComm 171 1 This matter arises by notification pursuant to section 130 of the Industrial Relations Act 1996 ("the Act") by The Electrical Trades Union of Australia, NSW Branch (ETU). The notification advised of a dispute with Country Energy concerning a new living away from home provision. 2 Compulsory conference proceedings were convened on 3 July 2007. Ms R Mifsud appeared on behalf of the ETU. Mr S McNamara appeared on behalf of New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union and The Association of Professional Engineers, Scientists and Managers Australia. Mr P Smith appeared on behalf of Country Energy with Mr A Chase. 3 Ms Mifsud reported that the parties had conferred prior to proceedings and reached agreement pursuant to s 146A of the Act which was reduced to writing and tendered (Exhibit 1). Ms Mifsud further reported that discussions between the parties had addressed all industrial issues between them, the resolution of which is expressed in a document titled Country Energy Enterprise Award 2007 ("the Award") (Exhibit 2). 4 The Award is a comprehensive document describing industrial rights and obligations, rates of pay, and conditions of employment to apply from the first pay period to commence on or after 1 July 2007 and to remain in force until 30 June 2009. 5 Ms Mifsud, supported by Mr McNamara, sought exercise of the Commission's powers pursuant to Exhibit 1 and the Industrial Relations Act 1996 to make an Award by consent of the parties in the terms of Exhibit 2. 6 Mr Smith supported the application. 7 Exhibit 2 is advanced by agreement of the parties and on examination satisfies the requirements of s 10 and other relevant provisions of the Act. 8 The Country Energy Enterprise Award 2007 is made in the terms of Exhibit 2 by consent of the parties. 9 Matter No IRC 1068 of 2007 is so concluded. oo0oo 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.