USU v LGA and SA [2010] NSWIRComm 146

Industrial Relations Commission of New South Wales

CITATION: USU v LGA and SA [2010] NSWIRComm 146 This decision has been amended. Please see the end of the judgment for a list of the amendments.

PARTIES: New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union Local Government Association of NSW and Shires Association of NSW

FILE NUMBER(S): IRC 127 of 2010

CORAM: Grayson DP

CATCHWORDS: Industrial dispute - Lengthy and productive process of conciliation - New award made in settlement of dispute - Traditional industry practice of 3-yearly awards - New award contemplates award continuing to operate beyond nominal term - Union parties joint undertaking not to pursue increases in rates of pay and existing allowances before 1 July 2014 - Discussion and negotiation expressly permitted within term of award - Operative dates of award increases save for the first increase to coincide with commencement of financial year - Councils throughout NSW thereby provided with increased certainty in management of budgetary requirements - Clarification of meaning or intent of various award provisions eg 'ordinary pay', 'sewer choke' and 'materials' - Clarification of salary system provisions protecting employees from reductions in pay or salary range - Employees required to give notice when claiming paid holiday during NAIDOC Week - Reimbursement of cost to employees required by council to hold WorkCover approved certificate or licence - Provision concerning accreditation of council employees by Building Professionals Board - Significant changes to leaseback motor vehicle and fixed-term contract provisions - Increased flexibility with respect to normal starting location and commencing/finishing times subject to genuine operational or safety reasons - Enhanced facilitative provisions to assist employees in managing work and family responsibilities - Purchased additional annual leave entitlements - Arrangements to accommodate breast-feeding women - Phased retirement provision - New paid parental leave and related entitlements - New award rescinds and replaces predecessor award.