Wollongong City Council Contract Carriers Agreement 2018-2021 [2021] NSWIRComm 1007

Industrial Relations Commission New South Wales Medium Neutral Citation: Wollongong City Council Contract Carriers Agreement 2018-2021 [2021] NSWIRComm 1007 Hearing dates: 02 February 2021 Date of orders: 02 February 2021 Decision date: 02 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: Transport Workers' Union of New South Wales Wollongong City Council Representation: A Grumley for Transport Workers' Union of New South Wales S Martin for Wollongong City Council File Number(s): 2021/18102

DECISION 1. This is an application pursuant to s 43 of the Industrial Relations Act 1996 ("the Act") by the Transport Workers' Union of New South Wales seeking approval of an enterprise agreement between the Union and Wollongong City Council ("the Council"). 2. The application was filed on 21 January 2021. 3. The Agreement is to be known as the Wollongong City Council Contract Carriers Agreement 2018-2021. 4. The application is supported by an affidavit sworn on 19 January 2021 by Mr Mick Pieri, Acting State Secretary testifying that the conditions of employment under the Agreement do not, when considered as a whole, result in a net detriment to contract carriers covered by the Agreement; the Agreement complies with the relevant statutory requirements, including those of the Anti-Discrimination Act 1977; contract carriers and the Council 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. 5. Mr S Martin appeared for the Council and supported approval of the Agreement. 6. 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. 7. The Wollongong City Council Contract Carriers Agreement 2018-2021 is approved in accordance with s 35 of the Act. The Agreement shall operate on and from 30 January 2019 and shall remain in force for a period of three (3) years until 30 January 2022. 8. The Agreement replaces and rescinds the Wollongong City Council Contract Carriers Agreement 2015-2018 (Agreement 751 0f 2014).