Mpa Central Tablelands Power Stations Certified Agreement 2005 [2005] NSWIRComm 449 (1 November 2005)

Last Updated: 15 December 2005

NEW SOUTH WALES INDUSTRIAL RELATIONS COMMISSION

CITATION : MPA Central Tablelands Power Stations Certified Agreement 2005 [2005] NSWIRComm 449

FILE NUMBER(S): 5012

HEARING DATE(S): 01/11/2005

EX TEMPORE DATE: 01/11/2005

PARTIES:

APPLICANT

Australian Workers' Union, New South Wales Branch

RESPONDENT

MPA Energy Services Pty Ltd

JUDGMENT OF: Sams DP

LEGAL REPRESENTATIVES

APPLICANT

Mr J Clements

Australian Workers' Union, New South Wales Branch

RESPONDENT (via telephone)

Mr P Walsh

MPA Energy Services Pty Ltd

CASES CITED: Review of the Principles for Approval of Enterprise Agreements (2000) 101 IR 332

LEGISLATION CITED: Industrial Relations Act 1996

Anti Discrimination Act 1977

AWARD

Metal Engineering and Associated Industries (State) Award 325 IG 209

JUDGMENT:

- 3 -

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: SAMS, DP

1 November 2005

Matter No. IRC05/5012

MPA CENTRAL TABLELANDS POWER STATIONS CERTIFIED AGREEMENT 2005

Application by the Australian Workers' Union, New South Wales Branch for approval of Enterprise Agreement

EX TEMPORE DECISION

[2005] NSWIRComm 449

1 Approval is sought from the Commission, pursuant to Div 2 Pt 2 ch 2 of the Industrial Relations Act 1996 ('the Act') for the approval of an enterprise agreement between MPA Energy Services Pty Ltd and the Australian Workers' Union, New South Wales Branch. The application was filed on 27 September 2005 and listed for hearing on 1 November 2005.

2 At the hearing of the matter, Mr J Clements appeared for the applicant Union and Mr P Walsh (via teleconference) represented the respondent.

3 Before approving an enterprise agreement, the Commission must be satisfied that the statutory requirements as outlined in the Act, the Anti Discrimination Act 1977 and the Enterprise Agreement Principles formulated by a Full Bench of the Commission in Review of the Principles for Approval of Enterprise Agreements (2000) 101 IR 332 have been satisfied.

4 The application is accompanied by the required affidavit, deposed to on 31 August 2005 by Ms Anne Thompson, Union Official for the Australian Workers' Union, New South Wales Branch. The affidavit sets out the relevant matters provided for in the Act and the Commission’s Principles governing the approval process for enterprise agreements.

5 The Agreement is to cover some 33 employees of the company engaged on or in connection with the maintenance and operation of power stations in the Central Tablelands of New South Wales, who would be otherwise employed pursuant to the terms of the Metal Engineering and Associated Industries (State) Award. Where the Agreement is silent, the parent Award shall apply.

6 The Commission has been advised that the Agreement provides for increases in wages, the first increase having been paid from 4 April this year, being 3.5 per cent, and on the anniversary of the agreement, ie 4 April 2006, a further 4 per cent, and a further 4 per cent on 1 April 2007.

7 Having heard the submissions of the parties and upon reviewing the terms of the Agreement, I am satisfied that the parties understand the effect of their Agreement, that the Agreement was not entered into under duress, and that there is no net detriment to the employees otherwise bound by the terms and conditions of the relevant Award. It is to be noted that the Agreement provides for wages and conditions which are in excess of the minimum rates and conditions in the Award.

8 In all other respects I am satisfied that the legislative requirements for approval have been met and the Commission's Principles dealing with Enterprise Agreements have been complied with.

9 The parties asked for the Agreement is to have retrospective operation and there is no legislative prohibition to that being available. I therefore approve the agreement applying on and from 1 April this year.

10 Pursuant to section 35 of the Act, I therefore approve an enterprise agreement to be known as the MPA Central Tablelands Power Stations Certified Agreement 2005. The agreement shall take effect on the 1 April 2005 and remain in force and effect for a period of three years thereafter.

11 These proceedings are concluded on that basis and I congratulate the parties on the negotiating this new agreement and for the co-operation they have shown in the presentation of the material before the Commission.

Peter J Sams, AM

Deputy President

LAST UPDATED: 14/12/2005