Industrial Relations Commission New South Wales Medium Neutral Citation: Ballina Shire Council Managers' Enterprise Agreement 2020-2023 [2020] NSWIRComm 1045 Hearing dates: 19 June 2020 Date of orders: 19 June 2020 Decision date: 23 June 2020 Jurisdiction: Industrial Relations Commission Before: Commissioner Webster Decision: Agreement Approved Catchwords: Enterprise Agreement – approval Legislation Cited: Anti-Discrimination Act 1977 (NSW) Industrial Relations Act 1996 (NSW) Cases Cited: Review of the Principles for Approval of Enterprise Agreements 2018 [2018] NSWIRComm 1064 Category: Principal judgment Parties: Ballina Shire Council New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union Local Government Engineers' Association of New South Wales Development and Environmental Professionals' Association Representation: A Olivares for Local Government New South Wales for Ballina Shire Council N Martin for New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union I Robertson for Development and Environmental Professionals' Association and Local Government Engineers' Association of New South Wales File Number(s): 2020/168189 Publication restriction: Nil DECISION 1. This is an application pursuant to s 32 of the Industrial Relations Act 1996 ("the Act") by the Local Government and Shires Association of New South Wales t/as Local Government NSW ("the Applicant") seeking approval of an enterprise agreement between the Ballina Shire Council on the one hand, and New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union; Local Government Engineers' Association of New South Wales; and Development and Environmental Professionals' Association on the other (collectively, "the parties"). 2. The enterprise agreement is to be known as the Ballina Shire Council Managers' Enterprise Agreement 2020-2023 ("the Agreement"). 3. The Agreement was the subject of a hearing on 19 June 2020. 4. The application is supported by a Statement of Particulars and an affidavit sworn 4 May 2020 by Mr Paul Hickey, General Manager of Ballina Shire Council. In his affidavit, Mr Hickey testifies that: 5. the Agreement will be underpinned by the Local Government (State) Award 2017 ("the Award") and any variation to that award from time to time and the Local Government (COVID-19) Splinter (Interim) Award 2020 ("the Splinter Award"), operating from and from 8 April 2020 until 7 April 2021; 1. the Agreement will prevail over the provisions of the Award and the Splinter Award to the extent of any inconsistency; 2. the Agreement complies with all relevant statutory requirements, including the Anti-Discrimination Act 1977 (NSW); 3. the conditions of employment under the Agreement, when compared with those that would otherwise apply under the Award do not, when compared as a whole, result in a net detriment to the employees covered by the Agreement; 4. the Agreement complies with any principles set by the Commission under s 33 of the Act; 5. the parties understand the effect of the Agreement; 6. the parties do not enter into the Agreement under duress; and 7. the Agreement provides equal remuneration for men and woman doing work of equal and comparable value under the Agreement. 1. The Applicant filed with the Commission a comparison of conditions of employment under the Agreement with those that would otherwise apply under the Award. 2. During the hearing of 19 June 2020, the parties submitted that all of the requirements of the Act with respect to the making of the enterprise agreements have been complied with and the Commission should approve the Agreement. I am satisfied that the material presented to the Commission adequately demonstrates that the Agreement submitted for approval complies with all necessary statutory tests pursuant to s 33 and s 35 of the Act and the principles set by the Commission in Review of the Principles for Approval of Enterprise Agreements 2018 [2018] NSWIRComm 1064. 1. During the hearing of the application to approve the Agreement, the parties requested, by consent, that the Commission order that the previous enterprise agreement relating to the same subject matter as the Agreement between the parties be rescinded. I decided that it was appropriate that the previous agreement, identified known as "Ballina Shire Council Managers' Enterprise Agreement 2017-2020", was rescinded. 2. The Agreement is approved in accordance with s 35 of the Act and will operate from the 19 June 2020 for a period of three years. The enterprise agreement known as "Ballina Shire Council Managers' Enterprise Agreement 2017-2020" is rescinded effective 19 June 2020. Janine Webster COMMISSIONER ********** 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. Decision last updated: 24 June 2020