Industrial Relations Commission New South Wales Medium Neutral Citation: North Sydney Council Retirement Gratuity Transitional Enterprise Agreement 2020 [2020] NSWIRComm 1067 Hearing dates: 29 September 2020 Date of orders: 29 September 2020 Decision date: 29 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) Category: Principal judgment Parties: New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union Development and Environmental Professionals' Association Local Government Engineers' Association North Sydney Council Representation: D Papps for the New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union and the Development and Environmental Professionals' Association B Thiru for the Local Government Engineers' Association S D'almada-Remedios for Local Government NSW with A Dobson for North Sydney Council File Number(s): 2020/266898 Publication restriction: Nil DECISION 1. This is an application pursuant to s 32 of the Industrial Relations Act 1996 (the Act) filed by the New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union (USU) seeking approval of an enterprise agreement between the USU, the Development and Environmental Professionals' Association (DEPA), the Local Government Engineers' Association (LGEA) and North Sydney Council. 2. The Agreement shall be known as the North Sydney Council Retirement Gratuity Transitional Enterprise Agreement 2020. 3. Mr D Papps appeared for USU and DEPA. Ms B Thiru appeared for the LGEA. Mr S D'almada-Remedios appeared for Local Government NSW with Ms A Dobson for North Sydney Council. 4. The application is supported by the necessary Statement of Particulars and an affidavit sworn on 10 September 2020 by Mr Papps testifying that: 1. the proposed Agreement shall prevail over the provisions of the Local Government (State) Award 2020 (the Award) to the extent of any inconsistency; 2. the proposed Agreement replaces Industrial Agreement No. 6768 and Industrial Agreement No. 6781 which were, prior to their termination, Existing Awards for the purposes of Schedule 4, Clause 3 of the Act; 3. the proposed Agreement complies with all relevant statutory requirements, including the Anti-Discrimination Act 1977; 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 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 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 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 North Sydney Council Retirement Gratuity Transitional Enterprise Agreement 2020 is approved in accordance with s 35 of the Act and shall operate on and from today, 29 September 2020 for a nominal term of three (3) years. 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: 02 October 2020