Notification Under Section 130 By EnergyAustralia Of A Dispute With Electrical Trades Union Of Australia, New South Wales Branch And Others Re Negotiations For EnergyAustralia Enterprise Agreement [2009] NSWIRComm 105 (30 June 2009)

Last Updated: 3 July 2009

NEW SOUTH WALES INDUSTRIAL RELATIONS COMMISSION

CITATION :
Notification Under Section 130 By EnergyAustralia Of A Dispute With Electrical Trades Union Of Australia, New South Wales Branch And Others Re Negotiations For EnergyAustralia Enterprise Agreement [2009] NSWIRComm 105



FILE NUMBER(S):
IRC 2328

HEARING DATE(S):
16/12/08; 18/12/08; 19/2/09; 20/2/09; 23/2/09; 24/2/09; 6/5/09; 30/6/09

DATE OF JUDGMENT:
30 June 2009

EX TEMPORE DATE:
30 June 2009

PARTIES:
Applicant
EnergyAustralia

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

CORAM:
Harrison DP


CATCHWORDS: Notification of dispute re negotiations for new enterprise agreement - s146A Referral Agreement - new award sought by consent
AWARD MADE - Settlement of dispute by making of new consent award

LEGAL REPRESENTATIVES
APPLICANT
Mr P Farrell

RESPONDENTS
Mr A McKinnon (ETU)
Ms T Brown (USU)
Mr G Brock (APESMA)
Mr G Shaw (PSA)

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 2328 of 2008

Notification Under Section 130 By EnergyAustralia Of A Dispute With Electrical Trades Union Of Australia, New South Wales Branch And Others Re Negotiations For EnergyAustralia Enterprise Agreement

DECISION
[2009] NSWIRComm 105

1 EnergyAustralia 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 29 of 2007), filed with the Industrial Registrar, commits the parties to the provisions of the Act and the powers of the Commission conferred thereby.

2 These proceedings concern the renegotiation of the EnergyAustralia Enterprise Agreement 2006 (EA08/12) which expired on 18 December 2008.

3 In the course of proceedings in December 2008 the parties agreed upon a framework for negotiation and reached an agreement that the outcome would apply from 19 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.

5 In proceedings of 30 June 2009 Mr P Farrell appeared on behalf of EnergyAustralia with I R Callas. Mr A McKinnon 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); Mr G Shaw appeared on behalf of Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (PSA) ("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 Farrell tendered a new referral agreement (Ex 1) (NREF 9/20) and a document detailing the award sought (Ex 2).

8 The centrepiece of the 2008 Award is clause 14, Productivity and Work Practice Development, which is a facilitative provision by which the parties will co-operatively review issues of safety, efficiency and reliability; and commit to a process of continuous improvement.

9 A schedule of examples of the type of issues to be addressed is set out in cl 14.4.

10 A salary increase of 3.5 per cent and an increase of 1 per cent in superannuation contributions is to take effect from19 December 2008, and further 3.5 per cent and 1 per cent from 19 December 2009. The Electrical Safety Rules Allowance, currently $104.33 will be increase to $110 per week from 19 December 2008 and to $120 per week from 19 December 2009.

11 Similar allowances, such as the Skills Retention Allowance for Professional Officers, will be moved to a commensurate amount.

12 There is no adjustment to other allowances.

13 During the course of the term of the Award 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.

14 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.

15 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.

16 The EnergyAustralia Consent Award 2008 is made in accordance with Exhibit 2 to operate from 19 December 2008 until 18 December 2010.

17 I make the Award in settlement of these dispute proceedings. Matter No IRC 2328 of 2008 is so concluded.

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LAST UPDATED:
2 July 2009