Australian Inland and Electrical Trades Union Industrial Award 2004 [2005] NSWIRComm 11 (26 October 2004)

Last Updated: 16 February 2005

NEW SOUTH WALES INDUSTRIAL RELATIONS COMMISSION

CITATION : Australian Inland and Electrical Trades Union Industrial Award 2004 [2005] NSWIRComm 11

FILE NUMBER(S): 5891

HEARING DATE(S): 26/10/2004

DECISION DATE: 26/10/2004

PARTIES:

APPLICANT:

Electrical Trades Union of Australia, New South Wales Branch

RESPONDENT:

Australian Inland Energy

JUDGMENT OF: Sams DP

LEGAL REPRESENTATIVES

APPLICANT:

Ms N Kastoun, Electrical trades Union Australia, New South Wales Branch

RESPONDENT:

Mr R Thorn, Australian Inland Energy

CASES CITED: State Wage Case 2004 [2004] NSWIRComm 148

LEGISLATION CITED: Industrial Relations Act 1996

JUDGMENT:

- 1 -

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: SAMS, DP

2 February 2005

Matter No. IRC04/5891

AUSTRALIAN INLAND AND ELECTRICAL TRADES UNION INDUSTRIAL AWARD 2004

Application by Electrical Trades Union of Australia, New South Wales Branch for a new award

DECISION (ex tempore)

[2005] NSWIRComm 11

1 This is an application, pursuant to s10 of the Industrial Relations Act 1996 ('the Act') filed by Electrical Trades Union of Australia, New South Wales Branch ('the applicant') for a new award to be known as the Australian Inland and Electrical Trades Union Industrial Award 2004 ('the Award'). At a hearing of the matter on 15 December 2004, Ms N Kastoun appeared for the Union and Mr R Thorn (Acting General Manager, Network Assets) appeared for Australian Inland Energy.

2 Ms Kastoun submitted that the new Award covers a total of twenty employees and provides for two wage increases totalling fourteen percent. Ms Kastoun submitted that the proposed Award meets all the requirements of the State Wage Fixing Principles [2004] NSWIRComm 148 and the relevant provisions of the Act. Mr Thorn supported the application and Ms Kastoun's submissions.

3 Having heard the submissions, the Commission delivered a short ex temporary decision in the following terms:

I am satisfied that it is appropriate to make an award known as the Australian Inland and Electrical Trades Union Industrial Award 2004.

The award is consistent with the provisions of the Industrial Relations Act and the State Wage Case principles and has been, as Mr Thorn has indicated, the subject of extensive negotiations and discussions between the parties over a considerable period of time.

The Award is to take effect from 1 January 2004 and pursuant to the relevant provisions of the Act, retrospectivity is permissible in these circumstances. The Award shall expire on 31 December 2005.

During the life of the Award the Commission has been advised wage increases of three per cent on 14 January and two percent on 1 July this year have either been paid or will be paid as a consequence of the making of this Award.

4 In all other respects I am satisfied that the Award has industrial merit and I make the award in terms of the schedule attached to the application filed by the Union.

5 The Award will be published shortly in the Industrial Gazette. I commend the parties for their approach in resolving their differences by the making of this Award.

6 These proceedings are now concluded.

Peter J Sams AM

Deputy President

LAST UPDATED: 07/02/2005