Industrial Relations Commission New South Wales Medium Neutral Citation: Eurobodalla Shire Council COVID-19 Enterprise Agreement [2021] NSWIRComm 1069 Hearing dates: 10 September 2021 Date of orders: 10 September 2021 Decision date: 10 September 2021 Jurisdiction: Industrial Relations Commission Before: Commissioner Muir Decision: Agreement Approved Catchwords: EMPLOYMENT AND INDUSTRIAL LAW — Awards and enterprise agreements — Approval and creation Legislation Cited: Industrial Relations Act 1996 (NSW) Anti-Discrimination Act 1977 (NSW) Cases Cited: Review of the Principles for Approval of Enterprise Agreements 2018 [2018] NSWIRComm 1064 Category: Principal judgment Parties: New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (Applicant) Eurobodella Shire Council (Council) Local Government Engineers' Association of NSW (LGEA) Development and Environmental Professionals Association (DEPA) Representation: Mr S Geddes for Applicant Mr D Smith for Council Ms A Vasilangos for LGEA Mr I Robertson for DEPA File Number(s): 2021/248333 Publication restriction: Nil decision 1. This is an application by made by consent pursuant to s 32 of the Industrial Relations Act 1996 (NSW) ("the Act") by the New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union ("the Applicant") seeking approval of an enterprise agreement between the Applicant, the Eurobodella Shire Council ("the Council"), the Local Government Engineers' Association of NSW ("the LGEA") and the Development and Environmental Professionals Association ("DEPA"), (collectively, "the Parties"). 2. The enterprise agreement is to be known as the Eurobodella Shire Council COVID-19 Enterprise Agreement 2021 ("the Agreement"). 3. Mr S Geddes appeared for the Applicant, Mr D Smith for the Council, Ms A Vasilangos for the LGEA and Mr I Robertson for DEPA. 4. The application is supported by a Statement of Particulars and an affidavit sworn on 24 August 2021 by Stuart Geddes, Industrial Officer Southern, an employee of the Applicant. 5. In his affidavit, Mr Geddes deposed that: 1. The Agreement takes the provisions of the Local Government (COVID-19) Splinter (Interim) Award 2021 ("the Award") and applies them to workers employed by the Council; 2. The terms of the Agreement will prevail to the extent of the Local Government (State) Award 2020, which would otherwise apply to the employees; 3. The Agreement does not on balance provide a net detriment to the employees when compared with the aggregate package of conditions of employment under the Award; 4. The Agreement complies with all relevant statutory requirements, including the Anti-Discrimination Act 1977 (NSW); 5. The Parties understand the effect of the Agreement; 6. The Parties did not enter the Agreement under duress; and 7. The Agreement complies with the principles set by the Commission under s 33 of the Act. 1. During the hearing of the application to approve the Agreement, each of Mr D Smith for the Council, Ms A Vasilangos for the LGEA and Mr I Robertson for DEPA confirmed the support of their respective organisations for the approval of the Agreement and of the matters deposed by Mr Geddes. 2. I am satisfied on the material presented to the Commission the Agreement complies with all necessary statutory tests pursuant to s 35 of the Act, including the principles set by the Commission pursuant to s 33 of the Act in Review of the Principles for Approval of Enterprise Agreements 2018 [2018] NSWIRComm 1064. 3. The Eurobodella Shire Council COVID-19 Enterprise Agreement 2021 is approved in accordance with s 35 of the Act. In accordance with its terms the Agreement will operate from today, 10 September 2021 for a period of one year. Chris Muir 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: 10 September 2021