Industrial Relations Commission of New South Wales CITATION: Local Government (State) Award 2007 [2010] NSWIRComm 94 Local Government Association of New South Wales and the Shires Association of New South Wales Newcastle City Council PARTIES: New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union, Development and Environmental Professionals' Association, Local Government Engineers' Association of New South Wales FILE NUMBER(S): IRC 507 of 2010 CORAM: Harrison DP CATCHWORDS: Application for variation of award - removal of exemption of Newcastle City Council. Award varied by consent LEGISLATION CITED: Industrial Relations Act 1996 Local Government Act 1993 HEARING DATES: 12 July 2010 DATE OF JUDGMENT: 20 July 2010 EXTEMPORE JUDGMENT DATE: 12 July 2010 Mr L Smith (Applicant) Newcastle City Council on behalf of Local Government and Shires Association of New South Wales LEGAL REPRESENTATIVES: Mr P Collins (Respondents) New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union, Development and Environmental Professionals' Association, Local Government Engineers' Association of New South Wales JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: HARRISON DP Tuesday, 20 July 2010 Matter No IRC 507 of 2010 Local Government (State) Award 2007 Application by the Local Government Association of New South Wales and the Shires Association of New South Wales DECISION [2010] NSWIRComm 94 1 This is an application by the Local Government and Shires Associations of New South Wales (LGSA) for variation the Local Government (State) Award 2007 ("the Award") 349 IG 491. 2 The variation sought is to clause 40, Area, Incidence and Duration of the Award to extend the coverage of the Award to apply to Newcastle City Council (NCC) and all employees of NCC excluding: (a) those employees defined as senior staff by section 332 of the Local Government Act 1993 (NSW); and (b) those employees covered by the Entertainment and Broadcasting Industry Award - Live Theatre and Concert Award 1998 (AW780276 Print No Q2642). 3 The matter was heard on 12 July 2010. Mr L Smith of NCC appeared on behalf of LGSA with Ms L Hyam, General Manager of NCC. Mr P Collins appeared on behalf of the New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union, the Development and Environmental Professionals' Association, and the Local Government Engineers' Association of New South Wales ("the Unions"). There was no appearance on behalf of the New South Wales Nurses' Association (NSWNA). The record confirms that the NSWNA were appropriately informed of proceedings and are taken to have no interest in this matter. 4 The application for variation is by consent of the parties. 5 I am satisfied that the variation sought meets all legislative requirements and accordingly the Award is varied in the terms of Schedule A to the Application which states: SCHEDULE A SCHEDULE OF CHANGES Amend sub-clause (i) of clause 40, Area, Incidence and Duration of the Local Government (State) Award 2007 by deleting the reference to "Newcastle City Council" and adding the following words at the end of the sub-clause.. "and Newcastle City Council employees covered by the Entertainment and Broadcasting Industry Award - Live Theatre and Concert Award 1998. " Once amended, sub-clause (i) of clause 40 will provide as follows: (i) This award shall apply to all employees in Local Government within New South Wales, including employees of City of Penrith Regional Indoor Aquatic and Recreation Centre Limited (Ripples) and employees of committees of council established under the Local Government Act 1993. The award does not cover those employees employed by Sydney City Council, Wollongong City Council and County of Yancowinna. And excepting those employees covered by the Local Government (Electricians) State Award, Butchers' Wholesale (Country) Award and Butchers' Wholesale (Newcastle and Northern) Award and Section 332 of the Local Government Act 1993 and Newcastle City Council employees covered by the Entertainment and Broadcasting Industry Award - Live Theatre and Concert Award 1998. 6 Matter No IRC 507 of 2010 is so concluded. _______ 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.