Labour Co-Operative Limited and United Services Union Local Council Services Casual Employees Enterprise Agreement 2009-2012 [2009] NSWIRComm 32

Industrial Relations Commission of New South Wales

CITATION: Labour Co-Operative Limited and United Services Union Local Council Services Casual Employees Enterprise Agreement 2009-2012 [2009] NSWIRComm 32

APPLICANT Labour Co-operative Limited PARTIES: RESPONDENT United Services Union

FILE NUMBER(S): IRC 2151 of 2008

CORAM: Harrison DP

CATCHWORDS: Request for assistance of the Commission pursuant to s 146A - Referral agreement filed - dispute resolution process invoked - Enterprise Agreement applying to work in NSW Local Government Sector approved.

LEGISLATION CITED: Industrial Relations Act 1996

HEARING DATES: 12 December 2008, 5 February 2009, 9 March 2009

DATE OF JUDGMENT: 13 March 2009

EXTEMPORE JUDGMENT DATE: 9 March 2009

APPLICANT Solicitor Ms C Wilkinson Sparke Helmore Lawyers LEGAL REPRESENTATIVES:

RESPONDENT Mr N Martin USU

JUDGMENT:

- 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: HARRISON DP 13 March 2009

Matter No IRC 2151 of 2008

NOTIFICATION UNDER S 146A BY LABOUR CO-OPERATIVE LIMITED TO REFER A DISPUTE WITH NEW SOUTH WALES LOCAL GOVERNMENT, CLERICAL, ADMINISTRATIVE, ENERGY, AIRLINES & UTILITIES UNION RE INDUSTRIAL INSTRUMENT

DECISION

[2009] NSWIRComm 32

1 Labour Co-Operative Ltd ("the Company") and the New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (also known as the United Services Union, or USU) have entered into an agreement pursuant to s 146A of the Industrial Relations Act 1996 ("the Act") (Matter No IRC 1911 of 2008). This matter arises pursuant to that agreement. 2 The parties seek the assistance of the Commission to settle terms of an enterprise agreement to apply to employees of the Company engaged in the NSW Local Government Sector. 3 The matter was subject to proceedings on 12 December 2008, 5 February 2009 and 9 March 2009. Ms C Wilkinson, Solicitor of Sparke Helmore Lawyers, represented the Company in proceedings. Mr R Nassif of the Local Government Association of New South Wales appeared for Tamworth Regional Council. Mr N Martin and Mr L Hutchinson appeared for the USU. 4 The parties engaged in negotiation in good faith, resulting in an agreement, submitted for approval by the Commission, titled "Labour Co-Operative Limited and United Services Union Local Council Services Casual Employees Enterprise Agreement 2009-2012" (Ex 3) ("the Agreement"). 5 A copy of the Agreement, signed by the General Secretary and the General Manager of the Company, was filed in the Registry on 12 March 2009. 6 The Application for Approval of the Agreement (Ex 1) is supported by the necessary Statement of Particulars and an affidavit sworn by Mr Jeffrey Aiken, General Manager of the Company. 7 Mr Aiken was not required for cross examination on his affidavit, which provides a comparison of the Agreement with the Local Government (State) Award 2007 364 IG 453, and deposes in part: 2 Labour Co-operative Ltd is a not for profit organisation that employs casual labour hire workers the objective of placing casual labour hire workers and securing permanent employment with either the organisation with which they are placed or another organisation in the same industry.