Eraring Energy Employees Consent Award 2006 [2005] NSWIRComm 455

Eraring Energy Employees Consent Award 2006 [2005] NSWIRComm 455

The application for a new award satisfies all relevant legislative requirements and state wage case principles and is supported by the genuine consent of the parties; therefore, the new award is made and the previous award rescinded.

Source-derived case information.

Parties
Applicant: Eraring Energy; Respondent: Unions NSW; Respondent: Electrical Trades Union of Australia, New South Wales Branch (ETU); Respondent: NSW Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union (USU); Respondent: Association of Professional Engineers, Scientists and Managers, Australia (New South Wales Branch) (APESMA); Respondent: Construction, Forestry, Mining and Energy Union (New South Wales Branch) (CFMEU); Respondent: Public Service Association of New South Wales (PSA); Respondent: Australian Institute of Marine and Power Engineers New South Wales District (AIMPE); Respondent: The Australian Workers' Union, New South Wales (AWU); Respondent: Australian Manufacturing Workers' Union, New South Wales Branch (AMWU)
Jurisdiction
Australia
Judgment Date
08 December 2005
Procedural Posture
Application for Consent Award / Decision
Outcome
application granted
Legal Topics
Award Rescission and Replacement, Wage Fixing Principles, Consent Award
Industrial Relations Award Rescission and Replacement Wage Fixing Principles Consent Award

Source-derived case record

Summary, issues, holding and outcome

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Parties

Eraring Energy

Applicant

Unions NSW

Respondent

Electrical Trades Union of Australia, New South Wales Branch (ETU)

Respondent

NSW Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union (USU)

Respondent

Association of Professional Engineers, Scientists and Managers, Australia (New South Wales Branch) (APESMA)

Respondent

Construction, Forestry, Mining and Energy Union (New South Wales Branch) (CFMEU)

Respondent

Public Service Association of New South Wales (PSA)

Respondent

Australian Institute of Marine and Power Engineers New South Wales District (AIMPE)

Respondent

The Australian Workers' Union, New South Wales (AWU)

Respondent

Australian Manufacturing Workers' Union, New South Wales Branch (AMWU)

Respondent

Procedural Posture

Application for Consent Award / Decision

Legal Issues

  1. 1 Whether a new consent award should be made to replace the 2004 award
  2. 2 Whether legislative and wage fixing requirements are satisfied

Ratio Decidendi

The application for a new award satisfies all relevant legislative requirements and state wage case principles and is supported by the genuine consent of the parties; therefore, the new award is made and the previous award rescinded.

Court Disposition

application granted

Orders

  • The Eraring Energy Employees Consent Award 2006 is made to apply from 1 January 2006 for three years.
  • The Eraring Energy Employees Consent Award 2004 is rescinded.