New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union v MidCoast County Council tas MidCoast Water [2008] NSWIRComm 37

Industrial Relations Commission of New South Wales

CITATION: New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union v MidCoast County Council tas MidCoast Water [2008] NSWIRComm 37

APPLICANT New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union PARTIES: Electrical Trades Union of Australia, NSW Branch RESPONDENT MidCoast County Council T/As MidCoast Water

FILE NUMBER(S): IRC 155 of 2008

CORAM: Harrison DP

CATCHWORDS: Section 146A Referral Agreement - Notification of a dispute re wages and conditions of employment - settled by agreement - Enterprise Agreement approved.

LEGISLATION CITED: Industrial Relations Act 1996

HEARING DATES: 13/2/08

DATE OF JUDGMENT: 28 February 2008

EXTEMPORE JUDGMENT DATE: 13 February 2008

APPLICANTS Ms T Brown LEGAL REPRESENTATIVES:

RESPONDENT Mr N Hannington

JUDGMENT:

- 2 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: HARRISON DP

28 February 2008

Matter No IRC 155 of 2008

Notification under section 130 by New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union of a dispute with MidCoast Water and Anor re negotiations for wages and conditions of employment

DECISION

[2008] NSWIRComm 37

1 MidCoast County Council, trading as MidCoast Water, has entered into a referral agreement with the New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (USU), the Association of Professional Engineers, Scientists and Managers Australia (APESMA), and the Electrical Trades Union of Australia, NSW Branch (ETU) ("the Unions") pursuant to s 146A of the New South Wales Industrial Relations Act 1996 ("the Act"). 2 The referral agreement, filed with the Industrial Registrar on 30 October 2007 (NREF 67 of 2007), commits the parties to the provisions of the Act and confers upon the Commission all powers and functions prescribed by the Act. 3 Pursuant to that agreement MidCoast Water notified a dispute with the Unions concerning wages and conditions of employment. 4 The matter was subject to compulsory conference proceedings on 13 February 2008. Mr N Hannington appeared on behalf of MidCoast Water. Ms T Brown appeared on behalf of the USU and APESMA with Mr S Hughes. 5 The parties reported that discussions and negotiations between them had resolved the dispute, the detail of which is set out in a document titled "MidCoast County Council Enterprise Agreement 2007" ("the Enterprise Agreement") tendered by Ms Brown (Ex 2). 6 Ms Brown further provided a comparison document to the Local Government (State) Award 2007 364 IG 491 (Ex 3). 7 The Enterprise Agreement is a comprehensive document setting out wages and conditions of employment including forms of engagement, hours of work, leave arrangements, work/life balance, staff development, termination, redundancy and redeployment; and specific obligations in respect to occupational health and safety, employee indemnity, confidentiality, intellectual property and breach of agreement. 8 The parties seek approval of the Enterprise Agreement pursuant to Chapter 1, Part 2 of the Act in accordance with the powers conferred by the Act and the Referral Agreement. 9 I am satisfied that the MidCoast County Council Enterprise Agreement 2007 complies with all necessary tests, is entered into without duress, and has the genuine consent of the parties. 10 The parties seek application for a period of five years, to expire on 31 October 2012. Approval of enterprise agreements is constrained by section 42 of the Act to a nominal term of three years. The MidCoast County Council Enterprise Agreement 2007 is therefore approved for a period of three years from 13 February 2008. 11 The intentions and commitment of the parties to continue the agreement to 31 October 2012 is recorded in transcript of 13 February 2008 and in correspondence to the Industrial Registrar (Ex 5). 12 Matter No IRC 155 of 2008 is concluded. oo0oo