Country Energy Far West Region Interim Award 2008 [2009] NSWIRComm 13 (11 February 2009)

Last Updated: 20 February 2009

NEW SOUTH WALES INDUSTRIAL RELATIONS COMMISSION

CITATION :
Country Energy Far West Region Interim Award 2008 [2009] NSWIRComm 13



FILE NUMBER(S):
IRC 83

HEARING DATE(S):
11 February 2009

DATE OF JUDGMENT:
13 February 2009

EX TEMPORE DATE:
11 February 2009

PARTIES:
APPLICANT
Country Energy
RESPONDENTS
The United Services Union; the Barrier Industrial Council; the Broken Hill Town Employees Union; and the Construction, Forestry, Mining and Energy Union (NSW Branch)

CORAM:
Harrison DP


CATCHWORDS: Application for variation of award to include three percent increase in wages and allowances - consent application.
Held - application approved to apply from 1 January 2009.

LEGAL REPRESENTATIVES
APPLICANT
Mr D Bourne
RESPONDENTS
Mr S McNamara
USU

CASES CITED:


LEGISLATION CITED:
Industrial Relations Act 1996


TEXTS CITED:




JUDGMENT:

- 1 -

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: HARRISON DP

Friday, 13 February 2009

Matter No IRC 83 of 2009

COUNTRY ENERGY FAR WEST REGION INTERIM AWARD 2008

Application by Country Energy for variation re wage and allowance adjustments

DECISION

[2009] NSWIRComm 13

1 This matter arises from an application by Country Energy for variation of the Country Energy Far West Region Interim Award 2008 ("the Award") an award made by the Commission as presently constituted on 9 September 2008 [2008] NSWIRComm 165.

2 Country Energy has entered into a referral agreement with the Barrier Industrial Council (BIC) and affiliated unions pursuant to s 146A of the New South Wales Industrial Relations Act 1996 . The referral agreement (NREF 42 of 2008), filed with the Industrial Registrar, commits the parties to the provisions of the Act and the powers of the Commission conferred thereby.

3 The matter was subject to hearing on 11 February 2009. Mr D Bourne appeared on behalf of Country Energy. Mr S McNamara appeared on behalf of the United Services Union; the Barrier Industrial Council; the Broken Hill Town Employees Union; and the Construction, Forestry, Mining and Energy Union (NSW Branch) ("the Unions").

4 Mr Bourne submitted that the variation was sought by consent of the parties to include a three percent (3%) increase in wages and allowances in line with similar increases to the Country Energy Enterprise Award 2007 363 IG 1367.

5 Mr McNamara supported the submissions of Mr Bourne and enunciated the Unions' consent to variation of the Award in the terms of the application.

6 I am satisfied that the variation sought meets all legislative requirements and accordingly the Award is varied in the terms of the Application with effect on and from 1 January 2009.

****

LAST UPDATED:
13 February 2009