Industrial Relations Commission New South Wales Medium Neutral Citation: Sutherland Shire Council Casual to Permanent Transitional Enterprise Agreement 2020 [2020] NSWIRComm 1062 Hearing dates: 14 September 2020 Date of orders: 14 September 2020 Decision date: 14 September 2020 Jurisdiction: Industrial Relations Commission Before: Commissioner Stanton Decision: Agreement Approved Catchwords: Employment and industrial law - enterprise agreement approval Legislation Cited: Anti-Discrimination Act 1997 (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: Sutherland Shire Council New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union Representation: B Niciak for Local Government NSW on behalf of Sutherland Shire Council R Oppitz for New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union File Number(s): 2020/00251014 Publication restriction: Nil Decision 1. This is an application pursuant to s 32 of the Industrial Relations Act 1996 (the Act) filed by Local Government NSW (LGNSW) on behalf of Sutherland Shire Council (the Council) seeking approval of an enterprise agreement between the Council and the New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (the Union). 2. Mr B Niciak appeared for LGNSW on behalf of the Council. Mr R Oppitz appeared for the Union. 3. The application is supported by the necessary Statement of Particulars and an affidavit sworn on 25 August 2020 by Ms Manjeet Grewal, in her capacity as General Manager of the Council, testifying that: 1. the proposed Agreement will prevail over the provisions of the Local Government (State) Award 2020 to the extent of any inconsistency; 2. the proposed Agreement complies with all relevant statutory requirements, including the Anti-Discrimination Act 1977; 3. the proposed Agreement provides equal remuneration for men and women doing work of equal and comparable value under the Agreement. 4. The proposed Agreement does not, on balance, provide a net detriment to employees covered by the Agreement when compared to the aggregate package of conditions of employment which will otherwise apply under the applicable award; 5. the parties understand the effect of the proposed Agreement; and 6. the Agreement complies with the necessary statutory tests pursuant to s 33 and s 35 of the Act and the principles established by the Commission in Review of the Principles for Approval of Enterprise Agreements 2018 [2018] NSWIRComm 1064. 1. I am satisfied that the application 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. 2. The Sutherland Shire Council Casual to Permanent Transitional Enterprise Agreement 2020 is approved in accordance with s 35 of the Act and shall operate from the beginning of the first full pay period to commence on or after 14 September 2010 for a term of 12 months. J D Stanton 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: 15 September 2020