Industrial Relations Commission of New South Wales CITATION: Byron Shire Council v Directors [2009] NSWIRComm 1081 APPLICANT Byron Shire Council PARTIES: RESPONDENT: United Services Union Mr P Warner FILE NUMBER(S): 1245 of 2009 CORAM: Ritchie C Application for approval of an Enterprise Agreement Application by Byron Shire Council for ratification of an enterprise agreement with Directors of the Council CATCHWORDS: Accompanying application was affidavit, an appendix and a comparison statement between Local Government (State) Award and the enterprise agreement. The Registrar of the IRCNSW also provided a comparison document. Commission satisfied that IRAct 1996, Anti-Discrimination Act 1977 and the Enterprise Agreement Principles have been met. Also satisfied that the secret ballot complied with the IR Act. Application approved commencing from the date of ratification to remain in force for a period of three years. LEGISLATION CITED: Industrial Relations Act 1996 HEARING DATES: 21/09/09 DATE OF JUDGMENT: 7 October 2009 Applicant: Mr A. Allegretto from the Local Government Association of NSW LEGAL REPRESENTATIVES: Respondent:: Mr N. Martin of the United Serices Union Mr P Warner DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: RITCHIE C 21 September, 2009 Matter No IRC 1245 of 2009 Byron Shire Council Directors' Enterprise Agreement Application by Byron Shire Council for approval of Enterprise Agreement DECISION [2009] NSWIRComm 1081 1 Approval is sought from this Commission pursuant to Division 2 Part 2 Chapter 2 of the Industrial Relations Act 1996 for the registration of an enterprise agreement between the Byron Shire Council and particular employees, four in number. The application was filed on 21 August, 2009 and listed for hearing today, 21 September, 2009. It is slightly out of the requirements as expressed in section 34(3) of the Act but taking into consideration that the Commission had to travel to Ballina to have the matter heard I recognise special circumstances exist. 2 At the hearing today Mr A Allegretto appeared for the applicant, Mr P Warner on behalf of the employees and also Mr N Martin of the United Services Union. Before approving an enterprise agreement the Commission must be satisfied that the statutory requirements as outlined in the Industrial Relations Act 1996, 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 an enterprise agreement have been met. 3 The application was accompanied by an affidavit by Mr Allegretto which also included an appendix, a comparison statement between the Local Government (State) Award 2007 and the Byron Shire Council Directors' Enterprise Agreement. Also the Registrar of the Industrial Relations New South Wales Commission completed a comparison document and as a consequence of that, I am satisfied that the agreement as a whole is not less than the award. The document is a stand alone agreement and no other award applies. The document provides for pay increases during the life of the Agreement and also provides for a dispute resolution clause. I was advised by Mr Allegretto that the Internal Auditor of the Byron Shire Council, Mr Brenton Schubert conducted the ballot. I am satisfied from the documentation provided to me by Mr Allegretto that the secret ballot voting that took place was done in accordance with the Act, and therefore should be accepted. 4 The agreement covers a number of positions of the Directors of the Byron Shire Council covering water and recycling, planning development and environment services, corporate and community, asset management services. The application seeks an operative date from today's date. At the request of the parties I therefore approve the agreement applying from 21 September 2009. Having considered the comparison report and the submissions of the parties I am satisfied that the legislative requirements for approval have been met and the Commission's principles dealing with enterprise agreements are satisfied. 5 Accordingly the Byron Shire Council Directors' Enterprise Agreement is approved pursuant to section 35 of the Act to take effect from 21 September 2009 and to remain in force for a period of three years thereafter. oOo 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.