Industrial Relations Commission of New South Wales CITATION : Local Government (State) Award 2001 [2001] NSWIRComm 281 The Federated Municipal and Shire Council Employees' Union of Australia, NSW Division Australian Services Union of New South Wales New South Wales Nurses' Association PARTIES : The Local Government Engineers' Association of New South Wales The Environmental Health and Building Surveyors' Association of New South Wales The Local Government and Shires Association of New South Wales FILE NUMBER: IRC 5437 of 2000 CORAM: Schmidt J CATCHWORDS : Award - paid maternity leave LEGISLATION CITED : Anti-Discrimination Act 1977 Industrial Relations Act 1996 HEARING DATES: 11/01/2001 EXTEMPORE JUDGMENT DATE : 11/01/2001 Mr B Kruse The Federated Municipal and Shire Council Employees' Union of Australia, NSW Division and the Australian Services Union of New South Wales Ms S Shean New South Wales Nurses' Association Mr G Brock LEGAL REPRESENTATIVES: The Local Government Engineers' Association of New South Wales Mr I Robertson The Environmental Health and Building Surveyors' Association of New South Wales Mr D Gibson with Ms L Tiddy The Local Government and Shires Association of New South Wales JUDGMENT: - 3 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: Schmidt J DATE: 1 November 2001 Matter Number IRC 5437 of 2000 LOCAL GOVERNMENT (STATE) AWARD 2001 Application by the Federated Municipal and Shire Council Employees' Union of Australia, New South Wales Division for a new award DECISION (ex tempore) 1 This is an application for the making of a new award to rescind and replace the Local Government (State) Award 2000. The new award is to be known as the Local Government (State) Award 2001 and it is intended to operate from the commencement of the first pay period on or after today's date, 1 November 2001. 2 The application comes to the Commission by consent of the parties, an agreement having been reached between them after a considerable period of negotiation, including numerous conciliation conferences conducted before the Commission. 3 The application is supported by affidavits sworn by numerous people dealing with compliance of the award with the requirements of s23 of the Industrial Relations Act 1996 ('the Act'). Each of the parties urges the Commission to make the new award in the terms agreed on the basis that the proposed new award complies with the requirements of the Act and of the applicable principles including those relating to s23 of the Act. 4 One of the issues which the parties have addressed in their submissions has been the introduction of paid maternity leave. A claim for paid parental leave was pursued during the course of negotiations but, as part of the settlement which was reached, that claim was withdrawn. 5 I am satisfied on the evidence before the Commission and the submissions of the parties, that the proposed award complies with the requirements of the Act and of the applicable principles. 6 Insofar as the award provides for paid maternity leave and not paid parental leave, I have reached that satisfaction having in mind the exemption provision of the Anti-Discrimination Act 1977 in relation to pregnancy and childbirth, that being a principle of the Anti-Discrimination Act 1977 to which the Commission is obliged to have regard in exercising its discretion under s10 of the Act. 7 In that context, I have come to the conclusion that the absence of a paid parental leave provision in this award does not offend the requirements of s23 of the Act and thus does not preclude the making of the agreed award. In coming to that view, I have also taken note of the agreement which the parties have reached in relation to the extension of access to long service leave entitlements, which is intended by the parties to be available to employees requiring parental leave. 8 The application which comes forward contains significant new benefits for employees in this industry. I am satisfied the making of the award would be in accordance with the dictates of s10 of the Act. For all of these reasons, I make the Local Government (State) Award 2001 in terms of Ex. 5. 9 The award shall operate from the commencement of the first pay period on or after 1 November 2001 and shall remain in force for a period of three years. 10 I finally note the agreement which has been reached in relation to the possibility that an application for variation of the award might be made during its life in relation to the union picnic day. 11 I congratulate the parties on the outcome of their negotiations, on what is plainly a very successful basis. The proceedings conclude on that basis. ------------------------ 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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