Eraring Energy Enterprise Agreement 2005 [2005] NSWIRComm 342

Industrial Relations Commission of New South Wales

CITATION: Eraring Energy Enterprise Agreement 2005 [2005] NSWIRComm 342

Unions NSW; Electrical Trades Union of Australia, NSW Branch Labor Council of NSW; NSW Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union; Association of Professional Engineers, Scientists and Managers Australia; Construction, Forestry, Mining and Energy Union (NSW Branch); Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales; Australian Institute of Marine and Power Engineers, NSW District; Australian Workers' Union, NSW Branch; Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch PARTIES: Eraring Energy

FILE NUMBER(S): IRC 4645 of 2005

CORAM: Harrison DP

CATCHWORDS: Application for approval of enterprise agreement - provisions previously prescribed by award for employees retired due to ill health - agreement approved

LEGISLATION CITED: Industrial Relations Act 1996

HEARING DATES: 09/08/2005

DATE OF JUDGMENT: 09/20/2005

APPLICANT Mr P McPherson Unions NSW LEGAL REPRESENTATIVES:

RESPONDENT Mr P Moriarty

JUDGMENT:

- 2 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: HARRISON DP

20 September 2005

Matter No IRC 4645 of 2005

ERARING ENERGY ENTERPRISE AGREEMENT 2005

Application by Unions NSW for approval of an enterprise agreement

DECISION [2005] NSWIRComm 342

1 This is an application by Unions NSW seeking approval of an enterprise agreement between Eraring Energy and the following industrial organisations: · The Electrical Trades Union of Australia (ETU) · NSW Branch New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (USU) · The Association of Professional Engineers, Scientists and Managers Australia (APESMA) · Construction, Forestry, Mining and Energy Union (NSW Branch) (CFMEU) · Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (PSA) · Australian Institute of Marine and Power Engineers, New South Wales District (AIMPE) · The Australian Workers' Union, New South Wales Branch (AWU) · Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch (AMWU) · Labor Council of NSW 2 The application was subject to hearing on 8 September 2005. Mr P McPherson appeared on behalf of Unions NSW and those unions party to the agreement. Mr P Moriarty appeared for Eraring Energy. 3 The application is supported by the necessary Statement of Particulars and an affidavit signed by Mr McPherson in his capacity of Industrial Officer, Northern Region, Unions NSW, certifying that the agreement complies with the relevant statutory requirements; the no net detriment test; was not entered into under duress; and complies with the principles for approval determined by the Commission. 4 Mr McPherson submitted that the agreement preserves long standing provisions previously prescribed by award for employees retired due to ill health. Mr McPherson reiterated the compliance of the terms of the agreement with relevant legislation. 5 Mr Moriarty enunciated the employer's support for the making of the agreement. 6 I am satisfied that the material presented to the Commission adequately demonstrates that the Agreement submitted for approval complies with all necessary tests. 7 The Eraring Energy Enterprise Agreement 2005 is approved in terms of the application to apply from 8 September 2005 and to remain in force for a period of three years therefrom.

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