Strathfield Municipal Council 4 Day Week Enterprise Agreement 2020 [2021] NSWIRComm 1006

Industrial Relations Commission New South Wales Medium Neutral Citation: Strathfield Municipal Council 4 Day Week Enterprise Agreement 2020 [2021] NSWIRComm 1006 Hearing dates: 1 February 2021 Date of orders: 1 February 2021 Decision date: 01 February 2021 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: Strathfield Municipal Council New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union Representation: D Papps for the New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union R Nassif for Local Government NSW File Number(s): 2021/12951

DECISION 1. This is an application pursuant to s 43 of the Industrial Relations Act 1996 ("the Act") by the New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (the Union) seeking approval of an enterprise agreement between the Union and Strathfield Municipal Council (the Council). 2. The application was filed on 12 January 2021. 3. The Agreement is to be known as the Strathfield Municipal Council 4 Day Week Enterprise Agreement 2020 (the Agreement). 4. Shortly stated, the Agreement provides for the majority of Council's employees who currently work a 38 hour week to transfer to a 35 hour working week without loss of pay. 5. The Agreement shall, to the extent of any inconsistency, prevail over the Local Government (State) Award 2020. 6. The application is supported by an affidavit sworn on 12 January 2021 by Daniel John Papps, Acting General Secretary, 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. 7. Mr R Nassif, Local Government NSW, appeared for the Council and supported approval of the Agreement. 8. 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. 9. The Strathfield Municipal Council 4 Day Week Enterprise Agreement 2020 is approved in accordance with s 35 of the Act. The Agreement shall operate on and from today, 1 February 2021, for a nominal period of three years.