Industrial Relations Commission of New South Wales CITATION: Waverley Council and New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union [2005] NSWIRComm 383 NOTIFIER/APPLICANT Waverley Council PARTIES: RESPONDENT New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union FILE NUMBER(S): 5769 of 2004 CORAM: Sams DP CATCHWORDS: Application for approval of enterprise agreement - agreement to cover employees performing waste collection and resource recovery functions - previous dispute proceedings - wages and conditions - agreement approved for registration - dispute proceedings discontinued. Industrial Relations Act 1996 ss130 and 35 Anti Discrimination Act 1977 LEGISLATION CITED: AWARD Local Government (State) Award 2004 330 IG 744 CASES CITED: Review of the Principles for Approval of Enterprise Agreements (2000) 101 IR 332 HEARING DATES: 08/12/2005 EXTEMPORE JUDGMENT DATE: 08/12/2005 NOTIFIER/APPLICANT Ms V Andrews, solicitor Henry Davis York LEGAL REPRESENTATIVES: RESPONDENT Mr A Veney New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union JUDGMENT: - 3 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM : SAMS, DP 12 August 2005 Matter No IRC04/5769 Notification under s130 by Waverley Council of a dispute with the New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union re industrial bans Waverley Council Resource Recovery Enterprise Agreement Application by Waverley Council for approval of Enterprise Agreement DECISION (ex tempore) [2005] NSWIRComm 383 1 Approval is sought from the Commission, pursuant to Div 2 Pt 2 ch 2 of the Industrial Relations Act 1996 ('the Act'), for the registration of an enterprise agreement between Waverley Council and the New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union. The agreement has been the subject of detailed and lengthy negotiations between the Union and the Council and also involved the Commission in conciliation proceedings in matter 5769 of 2004. 2 The application for approval of the enterprise agreement was filed during a listing of the dispute matter on 12 August 2005. At the hearing of the matter Ms V Anderson, solicitor appeared for Waverley Council and Mr A Veney represented the Union. 3 Before approving an enterprise agreement, the Commission must be satisfied that the statutory requirements, as outlined in the Industrial Relations Act 1996, the Anti Discrimination Act 1977 and the Enterprise Agreement Principles formulated by a Full Bench of the Commission in Review of the Principles for Approval of Enterprise Agreements (2000) 101 IR 332, have been satisfied. In reviewing the documents that have been tendered today jointly by Ms Anderson and Mr Veney, I am satisfied that all of the statutory requirements have been met and the relevant provisions dealing with the registration of an enterprise agreement have been complied with. 4 I am further satisfied that the agreement has been the subject of an approval process of the employees to be covered by it; that the parties understand the effect of the agreement and that the agreement was not entered into under duress. 5 The agreement is to provide for a number of changes to working arrangements at Waverley Council in respect to the collection of waste recyclable material. It also provides for a 6 per cent wage increase, which will take effect from the week following the certification of the agreement. 6 Having heard the submissions of the parties and being very familiar with the matters that are contained within the Agreement, I am satisfied that all of legislative requirements have been met and that it is appropriate and in the public interest to approve the enterprise agreement. 7 In approving this enterprise agreement, and by consent, the Commission will rescind the Garbage and Recycling Employees Enterprise Agreement and the Waste Service Supervisors Agreement, both being agreements between the Union and the Council. 8 The agreement is also to operate in conjunction with the parent award being the Local Government (State) Award and is to be read also in conjunction with the Waverley Council (Conditions) Enterprise Agreement 2005. 9 I intend, therefore, pursuant to section 35 of the Act to approve an enterprise agreement to be known as the Waverley Council Resource Recovery Enterprise Agreement. The agreement shall take effect from today's date and remain in force and effect for a period of three years hereafter. 10 The dispute proceedings are discontinued by consent and I congratulate the parties on the making of the enterprise agreement now approved by the Commission. 11 These proceedings are now formally adjourned. Peter J Sams, AM Deputy President 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.