Industrial Relations Commission New South Wales Medium Neutral Citation: Blacktown City Council Minimum Conditions and Benefits of Employment Enterprise Agreement 2024-2027 [2024] NSWIRComm 1061 Hearing dates: 3 October 2024 Date of orders: 3 October 2024 Decision date: 03 October 2024 Jurisdiction: Industrial Relations Commission Before: Commissioner O'Sullivan Decision: The Blacktown City Council Minimum Conditions and Benefits of Employment Enterprise Agreement 2024-2027 is approved in accordance with s 35 of the Industrial Relations Act 1996 (NSW) and will apply, in accordance with clause 48 of the Agreement, from 1 July 2024 for a period of three years. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW — Awards and enterprise agreements — Approval and creation —Principles for approval of enterprise agreements — enterprise agreement approved Legislation Cited: Industrial Relations Act 1996 (NSW) Cases Cited: Review of the Principles for Approval of Enterprise Agreements 2021/2022 [2022] NSWIRComm 1005 Texts Cited: NIL Category: Principal judgment Parties: New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union ("USU") Development and Environmental Professionals' Association ("DEPA") Local Government Engineers Association ("LGEA") Blacktown City Council ("Council") Representation: Mr B O'Kell (USU) Mr I Robertson (DEPA) Ms B Srinivasan (LGEA) Mr C McElroy (Council) File Number(s): 2024/00330684 Publication restriction: NIL EX TEMPORE decision 1. This is an application by the New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union ("USU"), pursuant to s 34 of the Industrial Relations Act 1996 (NSW) (the "Act") seeking approval of an enterprise agreement under Pt 2 Div 1 of the Act between Blacktown City Council ("Council"), the USU, the Local Government Engineers' Association of New South Wales ("LGEA") and the Development and Environmental Professionals Association ("DEPA"). 2. The title of the proposed enterprise agreement is the Blacktown City Council Minimum Conditions and Benefits of Employment Enterprise Agreement 2024-2027 (the "Agreement"). 3. The Commission has before it the following materials tendered in support of the application: 1. affidavit of Daniel John Papps of the USU, which annexed a comparison document of rates and conditions in the Local Government (State) Award 2023 (the "Award") and the proposed agreement; 2. affidavit of Ian Alexander Robertson of DEPA; 3. affidavit of Brindha Srinivasan of the LGEA; 4. affidavit of James Brassil of the Council; 5. outline of submissions for the USU; and 6. outline of submissions for the Council. 1. I have formed the view that the application meets the requirements set out under the Act, the compliance and in particular, I note it meets the requirements of ss 38, 39, 42 of the Act. 2. In relation to the issue of no net detriment, Schedule A to the affidavit of Mr Papps sets out in quite a detailed fashion the comparison between the Agreement and the award that would otherwise apply i.e. the Local Government State Award 2023 (the "Award"). I am satisfied that 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. 3. Given the affidavits of each of the parties to the agreement, I accept that the parties understand the effect of the agreement. 4. I further note that it also meets the principles for approval of enterprise agreements which was set out in the Review of the Principles for Approval of Enterprise Agreements [2022] NSWIRC 1005. 5. The Agreement sets that it replaces the Award in part and secondly, it sets out the enterprise agreement to which it replaces. I also note that although there is not a clause which is headed "Parties to the Agreement", the Agreement does clearly identify the parties to the Agreement. 6. I note that the Agreement was due to commence 1 July 2024 and will continue for a period of three years from that date. 7. Accordingly, I make the following order: 1. The Blacktown City Council Minimum Conditions and Benefits of Employment Enterprise Agreement 2024-2027 is approved in accordance with s 35 of the Industrial Relations Act 1996 (NSW) and will apply, in accordance with clause 48 of the Agreement, from 1 July 2024 for a period of three years. ********** 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: 22 October 2024