Local Government (COVID-19) Splinter (Interim) Award 2021 [2021] NSWIRComm 1034

Industrial Relations Commission New South Wales Medium Neutral Citation: Local Government (COVID-19) Splinter (Interim) Award 2021 [2021] NSWIRComm 1034 Hearing dates: 20 April 2021 Date of orders: 20 April 2021 Decision date: 20 April 2021 Jurisdiction: Industrial Relations Commission Before: Commissioner Murphy Decision: New award made Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – application for a new award – local government industry – COVID-19 – consent application Legislation Cited: Industrial Relations Act 1996 Local Government Act 1993 Cases Cited: Nil Texts Cited: Nil Category: Principal judgment Parties: Local Government NSW ("LGNSW") (Applicant)

New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union ("USU"); Local Government Engineers' Association of New South Wales ("LGEA"); Development and Environmental Professionals' Association ("depa"); Nurses and Midwives' Association of New South Wales ("NMANSW"); Electrical Trades Union of Australia, New South Wales Branch ("ETU"); and Health Services Union NSW ("HSU"). (Respondents) Representation: Mr A Olivares (Applicant)

Mr S Szabo and Ms A Vasilangos (Respondents) File Number(s): 2021/00095009 Publication restriction: Nil

EX TEMPORE DECISION 1. Before the Commission is an application by LGNSW for a new award to be known as the Local Government (COVID-19) Splinter (Interim) Award 2021. 2. The proposed Award is in substantially similar terms as the Local Government (COVID-19) Splinter (Interim) Award 2020. 3. Mr A Olivares appeared for LGNSW, Mr A Szabo appear for the USU, LGEA, depa, NMANSW, ETU and HSU and Ms A Vasilangos appeared for the LGEA. The unions consent to the making of the Award as proposed by LGNSW. 4. Based on the documentary material file in support of the application, including an affidavit sworn by Adam Kenneth Brandon Dansie, Senior Manager, Workplace Relations, LGNSW on 6 April 2021, I am satisfied that the terms of the proposed Award satisfy the requirements of the Industrial Relations Act 1996 ("IR Act"). 5. The Award shall apply to all employers named in Schedule A of the Award and to all of their employees, except for employees whose positions are senior staff positions pursuant to sections 332 and 334 of the Local Government Act 1993 ("LG Act"). 6. In the case of employers named in Schedule A of the Award who are covered by an enterprise agreement, the Award shall apply to such employers and to all of their employees, except for employees whose positions are senior staff positions pursuant to sections 332 and 334 of the LG Act, as a stand down order pursuant to section 126 of the IR Act. 7. I make the Local Government (COVID-19) Splinter (Interim) Award 2021 in terms of the proposed Award attached to an email forwarded to the Commission by Mr Olivares at 5.10pm on Monday 19 April 2021. 8. The Award/order shall commence operation on and from 8 April 2021 and shall remain in force until 7 April 2022. 9. The Award/order shall apply on an interim basis for twelve (12) months, and shall cease to operate on 8 April 2022. 10. The parties have liberty to apply to the Commission to seek a variation to Schedule A of the Award/order and/or to seek further orders in relation to the issues dealt with in the Award/order where there are cogent reasons. John Murphy 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: 20 April 2021