Enterprise Agreement Approved by NSW Industrial Relations Commission

Industrial Relations Commission (NSW)

This page reproduces the official decision. It is published for readers who need the full text and is deliberately excluded from search engines.This decision was issued by the Industrial Relations Commission (NSW) and is reproduced from NSW Caselaw (© State of New South Wales) under its published republication policy. VadeLab is not affiliated with, and this page is not endorsed by, that court or tribunal.View on the official source ↗

📜 Headnote Official document

The Industrial Relations Commission of New South Wales approved an enterprise agreement between a union and a local government council after confirming that the agreement complied with statutory requirements and passed the no net detriment test.

📚 Full judgment Official document

Industrial Relations Commission of New South Wales

CITATION: Midcoast County Council Backflow Preventors and Other Agreed Projects Enterprise Agreement [2005] NSWIRComm 315

NSW Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union PARTIES: Mid Coast County Council

FILE NUMBER(S): IRC 3880 of 2005

CORAM: Harrison DP

CATCHWORDS: Application for approval of enterprise agreement - to apply in conjunction with award - agreement approved

LEGISLATION CITED: Industrial Relations Act 1996

HEARING DATES: 08/10/2005

DATE OF JUDGMENT: 08/31/2005

APPLICANT [NAME] ([NAME])

LEGAL REPRESENTATIVES: RESPONDENT [NAME] Council

JUDGMENT:

- 2 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: HARRISON DP

31 August 2005

Matter No IRC 3880 of 2005

MIDCOAST COUNTY COUNCIL BACKFLOW PREVENTORS AND OTHER AGREED PROJECTS ENTERPRISE AGREEMENT

Application by New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union for approval of enterprise agreement

JUDGMENT

[2005] NSWIRComm 315

1 This is an application by New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union ('the Union') seeking approval of an enterprise agreement between the Union and Mid Coast Country Council known as [NAME] ('the Employer'). 2 The application was subject to hearing on 10 August 2005. [NAME] appeared on behalf of the Union. [NAME] appeared on behalf of the Employer. 3 The application is supported by the necessary Statement of Particulars and an affidavit signed by [NAME] in his capacity of Manager, Energy & Utilities Division of the Union, certifying that the agreement complies with the relevant statutory requirements; satisfies the no net detriment test; was not entered into under duress; and complies with the principles for approval determined by the Commission. 4 The agreement applies in conjunction with the Midcoast County Council Enterprise Award 2004 [2005] NSWIRComm 314 . 5 [NAME] submitted that the agreement is renewal of the existing out-of-term agreement, negotiated on the same terms with a new hourly rate. 6 [NAME] enunciated the support of the Employer for approval of the agreement. 7 I am satisfied that the material presented to the Commission adequately demonstrates that the Agreement submitted for approval complies with all necessary tests.

8 The Midcoast County Council Backflow Preventors and Other Agreed Projects Enterprise Agreement is approved in the terms of the application, with effect from 1 July 2005 for a period of three years therefrom. oo0oo

DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.