Industrial Relations Commission New South Wales Medium Neutral Citation: Local Government (COVID-19) Splinter (Interim) Award 2022 [2022] NSWIRComm 1031 Hearing dates: 20 April 2022 Date of orders: 20 April 2022 Decision date: 20 April 2022 Jurisdiction: Industrial Relations Commission Before: Commissioner Sloan Decision: I make the Local Government (COVID-19) Splinter (Interim) Award 2022 in the terms of the document attached to Mr Papps' email of 19 April 2022, as amended during today's hearing. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Awards – application for the making of an interim award – consent position Legislation Cited: Industrial Relations Act 1996 ss 10, 16(4) Local Government Act 1993 ss 332, 334 Cases Cited: Nil Texts Cited: Nil Category: Principal judgment Parties: New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (Applicant) Aged and Community Services Australia (Respondent) The Development and Environmental Professionals' Association (Respondent) Electrical Trades Union of Australia, New South Wales Branch (Respondent) Health Services Union NSW (Respondent) Local Government and Shires Association of New South Wales (Respondent) The Local Government Engineers' Association of New South Wales (Respondent) New South Wales Nurses and Midwives' Association (Respondent) Representation: D Papps (USU, DEPA, ETU, HSU, NSWNMA) R Nassif (LGNSW, ACSA) S Shaikh (LGEA) File Number(s): 2022/106144 Publication restriction: No EX TEMPORE decision 1. On 4 April 2022, the New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union ("USU") filed an application pursuant to s 10 of the Industrial Relations Act 1996 ("Act") for an interim award to be known as the "Local Government (COVID-19) Splinter (Interim) Award 2022". The application was supported by an affidavit of Daniel John Papps, the Manager of Industrial, Rules, Governance and Compliance with the USU affirmed on 12 April 2022. On 19 April 2022 the Commission received an email from Mr Papps attaching an amended version of the award sought by the USU ("Proposed Award"). 2. The matter was listed for mention today. Mr Papps appeared on behalf of the USU, the Health Services Union NSW, the New South Wales Nurses and Midwives' Association, the Electrical Trades Union of Australia, New South Wales Branch and The Development and Environmental Professionals' Association. Ms S Shaikh appeared on behalf of The Local Government Engineers' Association of New South Wales ("LGEA"). Mr R Nassif appeared for the Local Government and Shires Association of New South Wales and for Aged and Community Services Australia. 3. By consent, the matter proceeded by way of a hearing of the application on the understanding that the Commission would move immediately to determine the application before it. 4. I heard submissions from Mr Papps in support of the application. Mr Nassif provided submissions which gave some further history to the awards preceding the Proposed Award. He also made submissions corroborative of the contents of Mr Papps' affidavit. He confirmed that the parties for whom he appeared consented to the making of the Proposed Award. Ms Shaikh confirmed that the LGEA also consented to the making of the award. 5. During the course of the submissions, Mr Nassif and I identified some small issues with the drafting of the Proposed Award. It was agreed by the parties that the Proposed Award needed to be amended by removing cll A.2, A.3 and A.5 from Schedule A; amending the reference to "subclause 13.4" at the top of Table 1 of Schedule A to read "subclause 14.4"; and, adding the words "Regional Council" after "Cootamundra Gundagai" as it appears in column A of that Table. 6. The Proposed Award is largely in the same terms as the Local Government (COVID-19) Splinter (Interim) Award 2021 made by the Commission on 20 April 2021, save for clarification of the coverage provisions. On its terms the Proposed Award will apply to all employers named in Schedule A and to all their employees, except employees whose positions are identified as senior staff positions pursuant to ss 332 and 334 of the Local Government Act 1993. 7. Based on the material before me, including Mr Papps' affidavit and the submissions of the parties, I am satisfied that the Proposed Award meets the requirements of the Act, including that it will set fair and reasonable conditions of employment for the employees to whom it applies. 8. I make the Local Government (COVID-19) Splinter (Interim) Award 2022 in the terms of the document attached to Mr Papps' email of 19 April 2022, as amended during today's hearing. The Award will commence operation on and from 8 April 2022 and remain in force until 7 April 2023. As the Award is made expressly on an interim basis, pursuant to s 16(4) of the Act the Award will cease to operate on 8 April 2023. 9. I direct that the USU file a version of the Award in computer readable format reflecting the changes discussed today by 4.00pm on 22 April 2022. Damian Sloan 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: 26 April 2022