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: EnergyAustralia Agreement 2006 Schedule 1 - Attachments Severance Allowance for Ex-Orion and ex-Sydney Electricity Employees Salary Maintenance Policy Fixed Term Employment Wage Sacrifice for Superannuation Employers Recognised for Prior Service Schedule 2 - Professional, Managers' and Specialists' Agreement 2006 Schedule 3 - Engineers' Agreement 2006 Schedule 4 - Executive Assistants' Agreement 2006 Schedule 5 - Commercial Graduates' Agreement 2006 7 Ms Butler reported that the parties had executed a general referral agreement on 15 March 2007 (exhibit 2) pursuant to s 146A of the Industrial Relations Act 1996 ("the Act"), conferring all powers of the Act upon the Commission. 8 Ms Butler tendered the substantive outcome of discussion and negotiation (exhibit 3) titled EnergyAustralia Agreement 2006 ("the Agreement"). 9 Exhibit 3 is a comprehensive industrial instrument which draws into one document wages and conditions for all employees previously covered by award and/or industrial agreement previously approved pursuant to the Act. 10 Exhibit 1 sets out the principle terms of the Agreement in the following terms: § Classification-based Agreement with two-year term, ceasing 18/12/08 § 3% wages + 1 % superannuation p.a. on 19112106 and 19112/07 § Increase to safety rules allowance by $30 pw from 19/12/06 and further $30 pw on 01/07/07 § Introduction of skills retention allowance for employees covered by Schedules 2 & 3; $20 pw from 19/12/06 and $40 pw from 01/07/07 § Cessation of skills structure reviews - extinguishing work value cases § Separation of grievance procedure to disputes resolution - latter remains in agreement § Amendments to consultation clause - timing of PCC and DCCs § Amendments to sick leave timing and certification § Increase to maternity leave (two weeks to total 14 weeks) and introduction of one week paid 'other parent' leave (includes paternity leave) § Rolling RDO roster in the Contact Centre 11 Ms Butler submitted that the Agreement, including schedules thereto, "provide for the continuation of fair and reasonable rates of pay", and for employees "to continue providing the essential services of electricity distribution to the people of New South Wales and retail of energy products within and external to New South Wales". 12 Ms Butler sought a determination to the effect that the Agreement (exhibit 3) is a binding industrial instrument enforceable in accordance with the Industrial Relations Act 1996. 13 The application was supported by the representatives of the respondent parties. 14 I formally exercise the powers conferred pursuant to the general referral agreement (exhibit 2) to make orders pursuant to s 174 of the Industrial Relations Act 1996 approving the EnergyAustralia Agreement 2006 and affirm that it is a binding industrial instrument enforceable pursuant to the Industrial Relations Act 1996. 15 Matter No IRC 3365 of 2006 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.