EnergyAustralia v The Electrical Trades Union of Australia, NSW Branch [2007] NSWIRComm 74

Industrial Relations Commission of New South Wales

CITATION: EnergyAustralia v The Electrical Trades Union of Australia, NSW Branch [2007] NSWIRComm 74

FILE NUMBER(S): IRC 3365 of 2006

CORAM: Harrison DP

CATCHWORDS: Notification under s 130 re threatened industrial action - section 146A agreement - dispute resolved - industrial instrument determining wages and conditions of employment made for two years from December 2006.

LEGISLATION CITED: Industrial Relations Act 1996

HEARING DATES: 31/10/06, 28/3/07

DATE OF JUDGMENT: 29 March 2007

APPLICANT Ms J Butler EnergyAustralia

LEGAL REPRESENTATIVES: RESPONDENT Mr S Butler (ETU, AMWU, AWU) Mr G Brock (APESMA, USU) Mr W Ferguson (ESPOA, CFMEU)

JUDGMENT:

- 3 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: HARRISON DP

Thursday, 29 March 2007

Matter No IRC 3365 of 2006

Notification under section 130 by EnergyAustralia of a dispute with The Electrical Trades Union of Australia, NSW Branch re threatened industrial action

DECISION

[2007] NSWIRComm 74

1 This matter arose by notification of a dispute by EnergyAustralia on 27 October 2006 advising threatened industrial action concerning negotiation of wages and conditions for employees of EnergyAustralia. 2 The notification advised that: The taking of Industrial Action has the potential to have serious effects on customers of EnergyAustralia, and members of the general public of the State of New South Wales. This may include, but is not limited to, periods of blackout and other interruptions to the supply of electricity throughout the Greater Sydney, Central Coast, and Newcastle regions of New South Wales. 3 The matter was subject to urgent proceedings, industrial action averted, and the parties set upon a course of discussion and negotiation. 4 An earlier dispute had arisen (Matter No IRC 3316 of 2006) concerning the structure and participation in discussion and negotiation which was resolved and concluded by Notice of Discontinuance received on 16 March 2007. 5 Further proceedings in the instant matter took place on 28 March 2007. Ms J Butler appeared on behalf of EnergyAustralia. Mr S Butler appeared on behalf of The Electrical Trades Union of Australia, NSW Branch (ETU); the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (NSW Branch) (AMWU); and the Australian Workers' Union, New South Wales (AWU). Mr G Brock appeared on behalf of The Association of Professional Engineers, Scientists and Managers Australia (APESMA) and New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (USU). Mr B Ferguson appeared on behalf of Electricity Supply Professional Officers' Association (ESPOA) and Construction, Forestry, Mining and Energy Union (NSW Branch) (CFMEU). 6 Ms Butler tendered an affidavit (exhibit 1) detailing the discussion and negotiations; and ultimate resolution of the parties in the issues of substance. Ms Butler's affidavit affirmed that the resultant agreement: has been negotiated in line with NSW Wage Policy and ensures the organisation is best placed to deliver its goals, including the capital works program. … … The EnergyAustralia Agreement 2006 now includes all former enterprise agreements in addition to coverage by the previous EnergyAustralia Award 2004. In effect all employment conditions are consolidated as follows: