Industrial Relations Commission of New South Wales CITATION: Cessnock City Council Indoor Staff Enterprise Agreement [2005] NSWIRComm 465 APPLICANT Cessnock City Council PARTIES: RESPONDENTS New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (USU), the Development and Environmental Professionals' Association (DEPA), and the Local Government Engineers Association of New South Wales (LGEA). FILE NUMBER(S): IRC 6011 of 2005 CORAM: Harrison DP CATCHWORDS: Application for approval of enterprise agreement - transition of 9 day forntight to 19 day month - flexible working hours arrangements - emergency service leave arrangements - healthy employees program - on call allowance - performance recognition and performance management system - application approved for 3 years from 28 November 2005 LEGISLATION CITED: Industrial Relations Act 1996 HEARING DATES: 11/28/2005 DATE OF JUDGMENT: 12/12/2005 APPLICANT Ms C Hann Local Government Association of NSW LEGAL REPRESENTATIVES: RESPONDENTS Mr P Collins USU Mr G Brock LGEA & DEPA JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: HARRISON DP 10 December 2005 Matter No IRC 6011 of 2005 CESSNOCK CITY COUNCIL INDOOR STAFF ENTERPRISE AGREEMENT 2005 Application by Cessnock City Council for approval of enterprise agreement DECISION [2005] NSWIRComm 465 1 This is an application filed by the Local Government Association of New South Wales (LGA) on behalf of Cessnock City Council ("the Council") seeking approval of an enterprise agreement between the Council, the New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (USU), the Development and Environmental Professionals' Association (DEPA), and the Local Government Engineers Association of New South Wales (LGEA). The proposed agreement will apply to all indoor employees of the Council employed on a permanent basis, other than those employees currently on a fixed term contract and excluding employees designated as "senior staff". 2 The application was subject to hearing on 28 November 2005. Ms C Hann of the LGA appeared on behalf of the Council with Ms J Crosdale. Mr P Collins appeared on behalf of the USU. Mr G Brock appeared on behalf of the LGEA and DEPA. 3 The application is supported by the necessary Statement of Particulars and an affidavit (Exhibit 1) signed by Mr B Mortomore, General Manager of the Council, attesting that the agreement complies with the relevant statutory requirements; satisfies the no net detriment test; was not entered into under duress; includes the necessary anti-discrimination clause and complies with the principles for approval determined by the Commission. 4 Ms Hann put that the agreement rescinds and replaces Industrial Agreement 8505 in its entirety. 5 The agreement provides for the phasing out of a nine day fortnight work pattern for indoor staff on the basis that existing staff will retain their nine day fortnight work pattern, and all new staff will be employed on a 19 day month work pattern. 6 Ms Hann relied upon the application and supporting Statement of Particulars and sought approval of the agreement with effect from 28 November 2005 for a period of three years therefrom. 7 Messrs Collins and Brock enunciated the consent of the Unions for approval of the agreement. 8 The agreement is the result of negotiation between the parties initiated in March 2004. The agreement is comprehensive in respect to working hours and leave arrangements and provides a Flexible Working Hours arrangement in Annexure A and Emergency Service Leave procedures in Annexure B to the agreement. 9 The agreement also provides a Healthy Employees Program, where Council will assist employees who wish to achieve and maintain physical wellbeing by supporting their participation in a range of activities aimed at improving their health and fitness, the details of which are set out in Annexure C to the agreement. 10 The agreement provides for sick leave, carers leave, bereavement leave, long service leave, training and development. The agreement also provides for an on-call allowance, performance recognition and performance management system with appropriate allowances and a location allowance restricted to eligible employees identified as those who were employed on or before 20 February 1991. 11 I am satisfied that the material presented to the Commission adequately demonstrates that the Agreement submitted for approval complies with all necessary tests. 12 The Cessnock City Council Indoor Staff Enterprise Agreement 2005 is approved in the terms of the application with effect from 28 November 2005 to remain in place for a period of three years therefrom. oo0oo 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. 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