Industrial Relations Commission of New South Wales CITATION: Midcoast County Council Backflow Preventors and Other Agreed Projects Enterprise Agreement [2005] NSWIRComm 315 NSW Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union PARTIES: Mid Coast County Council FILE NUMBER(S): IRC 3880 of 2005 CORAM: Harrison DP CATCHWORDS: Application for approval of enterprise agreement - to apply in conjunction with award - agreement approved LEGISLATION CITED: Industrial Relations Act 1996 HEARING DATES: 08/10/2005 DATE OF JUDGMENT: 08/31/2005 APPLICANT Mr P Marzato (USU) LEGAL REPRESENTATIVES: RESPONDENT Mr N Hanington Mid Coast County Council JUDGMENT: - 2 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: HARRISON DP 31 August 2005 Matter No IRC 3880 of 2005 MIDCOAST COUNTY COUNCIL BACKFLOW PREVENTORS AND OTHER AGREED PROJECTS ENTERPRISE AGREEMENT Application by New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union for approval of enterprise agreement JUDGMENT [2005] NSWIRComm 315 1 This is an application by New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union ('the Union') seeking approval of an enterprise agreement between the Union and Mid Coast Country Council known as Mid Coast Water ('the Employer'). 2 The application was subject to hearing on 10 August 2005. Mr P Marzato appeared on behalf of the Union. Mr N Hanington appeared on behalf of the Employer. 3 The application is supported by the necessary Statement of Particulars and an affidavit signed by Mr Marzato in his capacity of Manager, Energy & Utilities Division of the Union, certifying that the agreement complies with the relevant statutory requirements; satisfies the no net detriment test; was not entered into under duress; and complies with the principles for approval determined by the Commission. 4 The agreement applies in conjunction with the Midcoast County Council Enterprise Award 2004 [2005] NSWIRComm 314 . 5 Mr Marzato submitted that the agreement is renewal of the existing out-of-term agreement, negotiated on the same terms with a new hourly rate. 6 Mr Hanington enunciated the support of the Employer for approval of the agreement. 7 I am satisfied that the material presented to the Commission adequately demonstrates that the Agreement submitted for approval complies with all necessary tests. 8 The Midcoast County Council Backflow Preventors and Other Agreed Projects Enterprise Agreement is approved in the terms of the application, with effect from 1 July 2005 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. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.