NSW National Parks and Wildlife Service Flight Operations Enterprise Agreement 2021 [2021] NSWIRComm 1072

Industrial Relations Commission New South Wales Medium Neutral Citation: NSW National Parks and Wildlife Service Flight Operations Enterprise Agreement 2021 [2021] NSWIRComm 1072 Hearing dates: 16 September 2021 Date of orders: 16 September 2021 Decision date: 16 September 2021 Jurisdiction: Industrial Relations Commission Before: Chief Commissioner Constant Decision: Agreement Approved Catchwords: Employment and industrial law - enterprise agreement Legislation Cited: Anti-Discrimination Act 1977 Industrial Relations Act 1996, ss 33, 35 and 43 Cases Cited: Review of the Principles for Approval Of Enterprise Agreements 2018 [2018] NSWIRComm 1064 Category: Principal judgment Parties: Industrial Relations Secretary on behalf of the Department of Planning, Industry and the Environment (applicant) Australian Workers' Union NSW Branch (the AWU) Representation: M Demetriou (applicant) J Shaw (AWU) File Number(s): 2021/00217713

Decision 1. This is an application pursuant to s 43 of the Industrial Relations Act 1996 ("Act") by the Industrial Relations Secretary on behalf of the Department of Planning, Industry and the Environment (the applicant) seeking approval of the variation of an enterprise agreement between the applicant and the Australian Workers' Union NSW Branch (AWU) on behalf of the applicant's employees employed in the National Parks and Wildlife Service Flight Operations Unit. 2. The agreement once varied is to be known as the NSW National Parks and Wildlife Service Flight Operations Enterprise Agreement 2021 ("the Agreement"). 3. The variation application is supported by a Statement of Particulars and an affidavit sworn on 25 August 2021 by Michael Demetriou testifying that: the conditions of employment under the varied Agreement, when compared with those that would apply under the Crown Employees (Office of Environment and Heritage – National Parks and Wildlife Service) Field Officers and Skilled Trade Salaries and Conditions 2016 Award 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 (NSW); the parties understand the effect of the Agreement; the Agreement was not entered into under duress; the Agreement complies with the principles for variation determined by the Commission under s 43 of the Act; and the Agreement provides equal remuneration for men and women doing work of equal and comparable value. 4. The Agreement was signed by the Branch Secretary of the AWU on 1 September 2021, and Mr Shaw, representing the AWU, confirmed the support of the AWU for the Agreement at the hearing on 16 September 2021. 5. 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 Review of the Principles for Approval Of Enterprise Agreements 2018 [2018] NSWIRComm 1064. 6. NSW National Parks and Wildlife Service Flight Operations Enterprise Agreement 2021 is approved in accordance with s 35 of the Act. The Agreement will operate from the beginning of the first full pay period to commence on and from 1 July 2021 until 30 June 2022. The Agreement rescinds and replaces enterprise agreement number EA19/05. Nichola Constant CHIEF COMMISSIONER