Country Energy Technical Training Services Enterprise Agreement 2008 [2009] NSWIRComm 101 (23 June 2009)

Last Updated: 3 July 2009

NEW SOUTH WALES INDUSTRIAL RELATIONS COMMISSION

CITATION :
Country Energy Technical Training Services Enterprise Agreement 2008 [2009] NSWIRComm 101



FILE NUMBER(S):
IRC 857

HEARING DATE(S):
23 June 2009

DATE OF JUDGMENT:
26 June 2009

EX TEMPORE DATE:
23 June 2009

PARTIES:
Country Energy (Applicant)
Electrical Trades Union of Australia, New South Wales Branch (Respondent)

CORAM:
Harrison DP


CATCHWORDS: ENTERPRISE AGREEMENT - Application for approval of enterprise agreement - Referral Agreement pursuant to s146A of the Act
APPROVED - agreement approved with effect from 23 June 2009 to 30 June 2010

LEGAL REPRESENTATIVES
APPLICANT
Mr P Marzato

RESPONDENT
Mr A McKinnon

CASES CITED:


LEGISLATION CITED:
Industrial Relations Act 1996


TEXTS CITED:




JUDGMENT:

- 1 -

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: HARRISON DP

Friday, 26 June 2009

Matter No IRC 857 of 2009

COUNTRY ENERGY TECHNICAL TRAINING SERVICES ENTERPRISE AGREEMENT 2008

Application by Country Energy for approval of an Enterprise Agreement

DECISION

[2009] NSWIRComm 101

1 Country Energy has entered into a referral agreement with Unions NSW and affiliates pursuant to s 146A of the New South Wales Industrial Relations Act 1996 ("the Act"). The referral agreement (NREF 40 of 2008), filed with the Industrial Registrar, commits the parties to the provisions of the Act and the powers of the Commission conferred thereby.

2 Pursuant to that referral agreement Country Energy seeks the exercise of the Commission's powers to approve an enterprise agreement negotiated between the parties.

3 The application was subject to Hearing on 23 June 2009.

4 Mr P Marzato appeared on behalf of Country Energy. Mr A McKinnon appeared for The Electrical Trades Union of Australia, NSW Branch (ETU).

5 The application is supported by the necessary Statement of Particulars and an affidavit signed by Mr Marzato (Ex 1) 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. Mr Marzato was not required for cross examination.

6 Mr Marzato's affidavit succinctly and effectively sets out the background and effect of the application. Mr Marzato placed on record the administrative arrangements for execution of the Agreement.

7 Mr McKinnon concurred with the content of Mr Marzato's submissions and confirmed that the ETU supported approval of the Agreement.

8 I am satisfied that the material presented to the Commission adequately demonstrates that the Enterprise Agreement submitted for approval complies with all necessary tests.

9 The Country Energy Technical Training Services Enterprise Agreement 2008 is approved in the terms of the application with effect from 23 June 2009 to remain in force until 30 June 2010, and as such is an industrial instrument enforceable pursuant to the Industrial Relations Act 1996.

__________



LAST UPDATED:
26 June 2009