Natural Resources Commission (Staff Agency) Enterprise Agreement 1 July 2022 – 30 June 2024 [2023] NSWIRComm 1007

Industrial Relations Commission New South Wales Medium Neutral Citation: Natural Resources Commission (Staff Agency) Enterprise Agreement 1 July 2022 – 30 June 2024 [2023] NSWIRComm 1007 Hearing dates: 14 December 2022 Date of orders: 31 January 2023 Decision date: 31 January 2023 Jurisdiction: Industrial Relations Commission Before: Commissioner McDonald Decision: (1) The Natural Resources Commission (Staff Agency) Enterprise Agreement 1 July 2022 – 30 June 2024 is approved in accordance with s 35 of the Industrial Relations Act 1996 (NSW) and will apply, in accordance with cl 41.1 of the Agreement, from 1 July 2022 and will remain in force until 30 June 2024 unless otherwise varied or rescinded. (2) The Industrial Registrar is directed to annex a copy of the Undertaking given by Professor Hugh Durrant-Whyte, Commissioner of the Natural Resources Commission dated 12 December 2022, to the copy of the Natural Resources Commission (Staff Agency) Enterprise Agreement 1 July 2022 – 30 June 2024 forming Exhibit A6 in these proceedings and to enter the Natural Resources Commission (Staff Agency) Enterprise Agreement 1 July 2022 – 30 June 2024, together with the undertaking, in the register of approved enterprise agreements. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW — Awards and enterprise agreements — Approval and creation — employees parties to the enterprise agreement — net detriment test – application of State awards — Principles for approval of enterprise agreements - undertaking given by employer to comply with certain provisions of State award - enterprise agreement approved Legislation Cited: Anti-Discrimination Act 1977 (NSW) Fair Work Act 2009 (Cth), s 190 Government Sector Employment Act 2013, ss 3, 20, 22, 31, 50, 59 and Sch 1 Government Sector Employment Regulation 2014 Industrial Relations Act 1996 (NSW), ss 32, 33, 34, 35, 36, 37, 38, 39, 45 and 169(1) Industrial Relations Commission Rules 2009, r 7.1 Industrial Relations Commission Rules 2022, r 6.9 Industrial Relations (General) Regulation 2020, reg 4 Natural Resources Commission Act 2003 (NSW), s 10 Cases Cited: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Industrial Relations Secretary [2020] NSWIRComm 1001 Review of the Principles for Approval of Enterprise Agreements 2021/2022 [2022] NSWIRComm 1005 Category: Principal judgment Parties: Industrial Relations Secretary on behalf of the Natural Resources Commission Staff Agency (applicant) Alex Benecke (first respondent) Alice Woodford (second respondent) Anna Bisset (third respondent) Asif Parpia (fourth respondent) Avtar Singh (fifth respondent) Brigette Keeble (sixth respondent) Bryce Gorham (seven respondent) Eddie Harris (eighth respondent) Emma Collins (ninth respondent) Felicity Muller (tenth respondent) Hannah Urwin (eleventh respondent) Jeff Bell (twelfth respondent) Kylie Pfeiffer (thirteen respondent) Louise Askew (fourteen respondent) Michael Parsons (fifteenth respondent) Mina Bassarova (sixteenth respondent) Neusa Soares (seventeenth respondent) Sofya Kuzniatsova (eighteenth respondent) Sophia Cloke (nineteenth respondent) Stefanie Schulte (twentieth respondent) Public Service Association of New South Wales (interested party) Representation: Solicitors: Crown Solicitor for NSW (applicant) McNally Jones Staff Lawyers (interested party) File Number(s): 2022/330761 Publication restriction: Nil