Industrial Relations Commission New South Wales Medium Neutral Citation: Port Stephens Council Enterprise Agreement Version 6 2022 [2021] NSWIRComm 1078 Hearing dates: 28 September 2021 Date of orders: 28 September 2021 Decision date: 13 October 2021 Jurisdiction: Industrial Relations Commission Before: Commissioner Stanton Decision: Agreement Approved Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – awards and agreements – application for approval of enterprise agreement – agreement approved Legislation Cited: Anti-Discrimination Act 1977 Industrial Relations Act 1996 Cases Cited: Review of the Principles for Approval Of Enterprise Agreements 2018 [2018] NSWIRComm 1064 Category: Principal judgment Parties: Port Stephens Council (Applicant) New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (Respondent) The Local Government Engineers' Association of New South Wales (Respondent) The Development and Environmental Professionals' Association (Respondent) Representation: K Thompson, Australian Business Lawyers and Advisors with M Rodway (Applicant) I Robertson (depa, USU and LGEA) (Respondents) File Number(s): 2021/268386 decision 1. This is an application by Port Stephens Council ("the Council") pursuant to s 34 of the Industrial Relations Act 1996 (NSW) ("Act") seeking approval of an enterprise agreement made under Pt 2 Div 1 of the Act between the Council and the New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union ("USU"), The Local Government Engineers' Association ("LGEA") and The Development and Environmental Professionals' Association ("depa"). 2. The hearing of the application took place in Newcastle on 28 September 2021. Ms K Thompson appeared on behalf of the Council with Ms M Rodway. Mr I Robertson appeared for depa, the USU and LGEA. 3. The Enterprise Agreement shall be known as the Port Stephens Council Enterprise Agreement Version 6 2022. 4. The application is supported by an affidavit sworn on 30 August 2021 by Melissa Rodway testifying that: the conditions of employment under the Agreement, when compared with those that would apply under the Local Government (State) Award 2020 and the Local Government (Electricians) State Award do not, when considered as a whole, result in a net detriment to the employees covered by the Agreement. 5. The application is supported by the necessary Statement of Particulars. 6. Mr Robertson confirmed the support of depa, the USU and LGEA for approval of the Enterprise Agreement. 7. I am satisfied 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 determined by the Commission under s 33 of the Act; and the Agreement provides equal remuneration for men and women doing work of equal and comparable value. 8. I am also satisfied on the material presented to the Commission that the Enterprise 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. 9. The Port Stephens Council Enterprise Agreement Version 6 2022 is approved in accordance with s 35 of the Act and shall operate from 1 July 2022 and remain in force for a period of three years. J D Stanton 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: 14 October 2021