Industrial Relations Commission of New South Wales CITATION: Macquarie Generation Enterprise Agreement 2008 [2008] NSWIRComm 1059 APPLICANT Macquarie Generation RESPONDENTS Unions New South Wales Construction, Forestry, Mining and Energy Union, New South Wales Branch PARTIES: Electrical Trades Union of Australia, New South Wales Branch Public Service Association and Professional Officers Association Amalgamated Union of New South Wales Australian Institute of Marine and Power Engineers, New South Wales District Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union Association of Professional Engineers Scientists and Managers Australia, New South Wales Branch Australian Workers' Union, Greater New South Wales Branch FILE NUMBER(S): 928 of 2008 CORAM: Stanton C CATCHWORDS: Application for approval of enterprise agreement - s146A Referral Agreement - parties affirmed their commitment to the terms of the Referral Agreement previously entered into and filed with the Industrial Registrar. LEGISLATION CITED: Industrial Relations Act 1996 HEARING DATES: 27 June 2008 DATE OF JUDGMENT: 27 June 2008 APPLICANT Mr K Petersen with Mr C Peebles RESPONDENTS Mr P McPherson for Unions New South Wales Construction, Forestry, Mining and Energy Union, New South Wales Branch LEGAL REPRESENTATIVES: Electrical Trades Union of Australia, New South Wales Branch Public Service Association and Professional Officers Association Amalgamated Union of New South Wales Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union Association of Professional Engineers Scientists and Managers Australia, New South Wales Branch Australian Workers' Union, Greater New South Wales Branch Mr R Ashton for Australian Institute of Marine and Power Engineers, New South Wales District DECISION: - 2 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM : Stanton C 27 June 2008 Matter No. IRC08/928 MACQUARIE GENERATION ENTERPRISE AGREEMENT 2008 Application by Macquarie Generation for approval of enterprise agreement DECISION [2008] NSWIRComm 1059 1 This application seeks the approval of an enterprise agreement between Macquarie Generation ('the Company') and Unions New South Wales; the Construction, Forestry, Mining and Energy Union, New South Wales Branch; the Electrical Trades Union of Australia, New South Wales Branch; the Public Service Association and Professional Officers Association Amalgamated Union of New South Wales; the Australian Institute of Marine and Power Engineers, New South Wales District; the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch; New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union; the Association of Professional Engineers Scientists and Managers Australia, New South Wales Branch and The Australian Workers' Union, Greater New South Wales Branch ('the Unions'). 2 The application was listed for hearing on 27 June 2008. Mr K Petersen appeared for the Company with Mr C Peebles. Mr P McPherson appeared for Unions New South Wales; the Construction, Forestry, Mining and Energy Union, New South Wales Branch; the Electrical Trades Union of Australia, New South Wales Branch; the Public Service Association and Professional Officers Association Amalgamated Union of New South Wales; the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch; the New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union; the Association of Professional Engineers Scientists and Managers Australia, New South Wales Branch and the Australian Workers' Union, Greater New South Wales Branch. Mr R Ashton appeared for the Australian Institute of Marine and Power Engineers, New South Wales District. 3 The application is supported by the necessary Statement of Particulars and an affidavit signed by Mr Col Peebles, Manager, Human Resources, attesting that the agreement complies with the relevant statutory requirements; satisfies the no net detriment test; was not entered into under duress; includes the necessary anti-discrimination clause and complies with the principles for approval determined by the Commission. 4 The Macquarie Generation Enterprise Agreement 2008 rescinds and replaces the existing Preserved State Agreement which was made as a consequence of the Macquarie Generation Employees (State) Award 2005 being converted to an enterprise agreement in accordance with s.44C, Part 8A of Schedule 4 of the Industrial Relations Act 1996 ('the Act') in March 2006. 5 The agreement duplicates the conditions of employment which would otherwise have applied under the former Macquarie Generation Employees (State) Award 2005, which is now a Preserved State Agreement. 6 I am satisfied that the material presented to the Commission adequately demonstrates that the Agreement submitted for approval complies with all necessary legislative tests, was not entered into under duress and complies with the principles for approval determined by the Commission. 7 The Macquarie Generation Enterprise Agreement 2008 is approved with effect from the first pay period to commence on or after 1 July 2008 and shall remain in force until 30 June 2009. 8 During the course of proceedings, Mr McPherson informed the Commission that the parties to the proposed agreement had executed a Referral Agreement pursuant to s.146A of the Act on 5 July 2007. Mr McPherson, supported by Mr Ashton, affirmed the commitment of Unions New South Wales and the Unions party to the proposed Agreement to honour the terms of the Referral Agreement. Mr Petersen submitted the Company would continue to support both the terms of the undertakings contained in the Referral Agreement for the life of the proposed agreement. 9 These proceedings are thereby concluded. J D Stanton Commissioner 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.