Wollongong City Council Enterprise Agreement 2018 – 2021 [2020] NSWIRComm 1039

Industrial Relations Commission New South Wales Medium Neutral Citation: Wollongong City Council Enterprise Agreement 2018 – 2021 [2020] NSWIRComm 1039 Hearing dates: 26 May 2020 Date of orders: 26 May 2020 Decision date: 26 May 2020 Jurisdiction: Industrial Relations Commission Before: Commissioner Stanton Decision: Agreement Approved Catchwords: Employment and Industrial Law - Enterprise Agreement Legislation Cited: Anti-Discrimination Act 1977 Industrial Relations Act 1996 Cases Cited: State Wage Case 2019 [2019] NSWIRComm 1065 Category: Principal judgment Parties: Wollongong City Council Automotive, Food, Metal, Engineering, Printing and Kindred Industrial Union, NSW Development and Environmental Professionals' Association Local Government Engineers' Association of NSW New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union Representation: B Robson for Local Government and Shires Association of NSW New South Wales and Wollongong City Council G Bubb for Automotive, Food, Metal, Engineering, Printing and Kindred Industrial Union, NSW (AMWU) I Robertson for The Development and Environmental Professionals' N Falvey for Local Government Engineers' Association S Geddes for NSW Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union File Number(s): 2020/148575

DECISION 1. This is an application pursuant to s 43 of the Industrial Relations Act 1996 ("the Act") by the Local Government and Shires Association of NSW (LGSA) on behalf of Wollongong City Council seeking approval of an enterprise agreement between the Automotive, Food, Metal, Engineering, Printing and Kindred Industrial Union, NSW, the Development and Environmental Professionals' Association, the Local Government Engineers' Association of NSW , and the New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union. 2. The application was filed on 18 May 2020. 3. The agreement is to be known as the Wollongong City Council Enterprise Agreement 2018 – 2021 (the Agreement). 4. Shortly stated, the proposed agreement seeks to vary the Wollongong City Council Enterprise Agreement 2018 – 2021 approved by the Commission on 20 September 2018 by: 1. inserting in clause 26 a new subclause 26.14, Seven day a week roster system provisions, which provides a definition of "ordinary pay" for employees who are regularly required to work a seven day a week roster system under a Local Area Workplace Agreement; and 2. deleting clause 55, Leave Reserved. 1. The application is supported by an affidavit sworn on 23 April 2020 by Shaun Martin, Acting Manager Human Resources testifying that: the conditions of employment under the Agreement do not, when considered as a whole, result in a net detriment to the employees covered by the Agreement; the Agreement complies with the relevant statutory requirements, including those of the Anti-Discrimination Act 1977; the parties understand the effect of the Agreement; the Agreement was not entered into under duress; the Agreement complies with the principles for approval determined by the Commission under s 33 of the Act; and the Agreement provides equal remuneration for men and women doing work of equal and comparable value. 2. I am satisfied that the material presented to the Commission adequately demonstrates that the Agreement submitted for approval complies with all necessary statutory tests and the principles set by the Commission pursuant to s 33 of the Act in State Wage Case 2019 [2019] NSWIRComm 1065. 3. The Wollongong City Council Enterprise Agreement 2018 – 2021 is approved in accordance with s 35 of the Act. The Agreement shall operate on and from 26 May 2020 and expire on 30 June 2021. This Agreement rescinds and replaces Enterprise Agreement number EA19/04. JD Stanton Commissioner