Notification Under Section 130 By Integral Energy Of A Dispute With The Electrical Trades Union Of Australia, NSW Branch And Others Re New Agreement [2009] NSWIRComm 104 (30 June 2009)

Last Updated: 3 July 2009

NEW SOUTH WALES INDUSTRIAL RELATIONS COMMISSION

CITATION :
Notification Under Section 130 By Integral Energy Of A Dispute With The Electrical Trades Union Of Australia, NSW Branch And Others Re New Agreement [2009] NSWIRComm 104



FILE NUMBER(S):
IRC 2308

HEARING DATE(S):
16/12/08, 18/12/08, 19/2/09, 23/2/09, 24/2/09, 2/3/09, 5/3/09, 30/4/09, 26/5/09, 10/6/09, 30/6/09

DATE OF JUDGMENT:
30 June 2009

EX TEMPORE DATE:
30 June 2009

PARTIES:
Applicant
Integral Energy

Respondents
Electrical Trades Union of Australia, New South Wales Branch (ETU)
New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (USU)
The Association of Professional Engineers, Scientists and Managers Australia (APESMA)

CORAM:
Harrison DP


CATCHWORDS: Notification of dispute re making of new award - s146A Referral Agreement - new award sought by consent
AWARD MADE - Settlement of dispute by making of new consent award.

LEGAL REPRESENTATIVES
APPLICANT
Mr M Greenhill
Integral Energy

RESPONDENTS
Mr B Currey, ETU
Ms T Brown, USU
Mr G Brock, APESMA

CASES CITED:


LEGISLATION CITED:
Industrial Relations Act 1996


TEXTS CITED:




JUDGMENT:

- 1 -

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: HARRISON DP

30 June 2009

Matter No IRC 2308 of 2008

Notification Under Section 130 By Integral Energy Of A Dispute With The Electrical Trades Union Of Australia, NSW Branch And Others Re New Agreement

DECISION
[2009] NSWIRComm 104

1 These proceedings concern the renegotiation of the Integral Energy Conditions of Employment Agreement 2007, a common law agreement which expired on 24 December 2008.

2 The matter proceeded as a dispute resolution process in accordance with an agreement between the parties pursuant to section 146A of the Industrial Relations Act 1996 ("the Act") which confers upon the Commission all of the powers of the Act.

3 In the course of proceedings in December 2008 the parties agreed upon a framework for negotiation and reached an agreement which would apply from 24 December 2008 for a period of two years therefrom.

4 There has been extensive discussion and negotiation between the parties from that time with the assistance of the Commission in mediation, The parties ultimately reached agreement which was accepted at mass meetings of employees concerned.

5 In proceedings on 30 June 2009 Mr M Greenhill appeared on behalf of Integral Energy with Ms J Stevens. Mr B Currey appeared on behalf of the Electrical Trades Union of Australia, NSW Branch (ETU); Ms T Brown appeared on behalf of New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (USU); Mr G Brock appeared on behalf of The Association of Professional Engineers, Scientists and Managers Australia (APESMA) ("the Unions").

6 The parties made application for the making of an award by consent of the parties to give expression to the outcome of their negotiations.

7 Mr Greenhill tendered a formal application for the making of an award pursuant to s 17 of the Act (Ex 1); and a document detailing the award sought (Ex 2).

8 Mr Greenhill acknowledged the role of the union officials and delegates whom he put had worked diligently on behalf of their members and were constructive in resolution of at times difficult matters.

9 The Integral Energy Award 2008 is a comprehensive document described in my Statement of 10 June 2009 in the following terms:

4 The centrepiece of the 2008 agreement is found in clause 2, Consultation and Communication; and clause 3, Work Practice Change, which are facilitative provisions by which the parties will co-operatively review issues of safety, efficiency and reliability; and commit to a process of continuous improvement.

5 Issues of workplace change will be progressed in accordance with the agreed provisions of consultation set out in cl 2 to examine matters of detail, definition and application which will be resolved by discussion.

6 This will also apply to introduction of afternoon shift at those depots where operational circumstances justify. It is expected that shift work positions will be filled by volunteers and there will be no restriction on the capacity of individual employees to volunteer.

7 A schedule of examples of the type of issues to be addressed is set out in cl 3.5.

8 A salary increase of 3.5 per cent and an increase of 1 per cent in superannuation contributions is to take effect from 24 December 2008, and further 3.5 per cent and 1 per cent from 24 December 2009. The Electrical Safety Rules Allowance, currently $104.33 will be increased to $110 per week from 24 December 2008 and to $120 per week from 24 December 2009.

9 There is no adjustment to other allowances prescribed by the Agreement, other than a rationalisation of overtime travel allowance by introduction of a distance criteria to remove anomalies that have emerged as the shape of the organisation has changed and the system has expanded.

10 During the course of the Agreement the relevant parties will review the application of the Electrical Safety Rules Allowance as part of the continuous improvement process, with a view to absorbing all or part of it into the all-purpose rate of pay for classifications in receipt of the allowance.

11 The package on balance represents good value for employees and the organisation, maintaining wage standards and providing a platform for enhanced business improvement in safety, efficiency and reliability.

10 I am satisfied that the application meets all legislative requirements; that it conforms with the relevant State Wage Case principles; and that it is presented to the Commission with the genuine consent of the parties.

11 The Integral Energy Award 2008 is made in accordance with the application to operate from 24 December 2008 until 24 December 2010.

12 I make the Award in settlement of these dispute proceedings. Matter No IRC 2308 of 2008 is so concluded.

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LAST UPDATED:
2 July 2009