Department of Environment and Conservation NSW Flight Officers [2007] NSWIRComm 1006

Industrial Relations Commission of New South Wales

CITATION: Department of Environment and Conservation NSW Flight Officers [2007] NSWIRComm 1006

PARTIES: Director General of the Department of Environment and Conservation NSW and the Director of Public Employment

FILE NUMBER(S): 22 of 2007

CORAM: Macdonald C

CATCHWORDS: Application for approval of Enterprise Agreement - application granted

LEGISLATION CITED: Industrial Relations Act 1996

HEARING DATES: 24/01/07

DATE OF JUDGMENT: 24 January 2007

APPLICANT Director General of the Department of Environment and Conservation NSW and the Director of Public Employment LEGAL REPRESENTATIVES: RESPONDENT George Mortimer Foster et al

DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: COMMISSIONER MACDONALD

24 January 2007

Matter No IRC 22 of 2007

Department of Environment and Conservation NSW Flight Officers Enterprise Agreement 2006

Application by Department of Environment and Conservation NSW and the Director of Public Employment for approval of an enterprise agreement

DECISION

[2007] NSWIRComm 1006

1 This decision is issued further to the extempore approval granted for the Department of Environment and Conservation NSW Flight Officers Enterprise Agreement 2006 ("the Agreement") which was filed on 8 January 2007. 2 On 8 January 2007, Department of Environment and Conservation NSW ("the Applicant"), made application for approval of an enterprise agreement, pursuant to the Industrial Relations Act 1996 ("the Act"). The application named the other party to the Agreement as George Mortimer Foster et al ("the Employees"). 3 The matter was set down for Consent Hearing on 19 January 2007, but did not proceed by way of consent on that day. This was due to the intervention of the Public Service Association and Professional Officers Association NSW ("the Union"). That Union was represented by Mr S Little, who sought leave to intervene in the proceedings. He advised that his Union was unaware of this enterprise agreement application. (The enterprise agreement had been negotiated between the Applicant and the Employees.) Mr Little advised that the work of the Employees in question was work covered by the constitution of his Union. Further, he had not yet been provided with a copy of the enterprise agreement application. Mr Little sought an adjournment in order for the Union to assess the enterprise agreement application. 4 The Applicant was represented by Ms E Butcher, with Mr Davidson. Mr Foster, representing the Employees was in attendance. 5 Ms Butcher advised of her surprise to be contacted by the Union - given that it was a non-union enterprise agreement.