Industrial Relations Commission of New South Wales CITATION: City of Newcastle Enterprise Agreement 2010 [2010] NSWIRComm 96 Newcastle City Council PARTIES: New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (United Services Union) Development and Environmental Professionals' Association Local Government Engineers' Association of New South Wales FILE NUMBER(S): IRC 517 of 2010 CORAM: Harrison DP CATCHWORDS: Application for approval of enterprise agreement - application by consent - constructive and collaborative negotiations (see also Matters No IRC 1667 of 2009 and IRC 507 of 2010) Agreement approved to apply from first pay period on or after 1 July 2010 for a period of three years - Agreement rescinds and replaces Newcastle City Council Award 2006 LEGISLATION CITED: Industrial Relations Act 1996 HEARING DATES: 12 July 2010 DATE OF JUDGMENT: 20 July 2010 EXTEMPORE JUDGMENT DATE: 12 July 2010 Mr L Smith (Applicant) Newcastle City Council LEGAL REPRESENTATIVES: Mr P Collins (Respondents) United Services 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 517 of 2010 City of Newcastle Enterprise Agreement 2010 Application by Newcastle City Council for approval of an enterprise agreement DECISION [2010] NSWIRComm 96 1 This is an application by Newcastle City Council ("the Council") seeking approval of an enterprise agreement between the Council; the New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (United Services Union, USU); Development and Environmental Professionals' Association (DEPA) and the Local Government Engineers' Association (LGEA) ("the Unions"). 2 The Agreement is to be known as the City of Newcastle Enterprise Agreement 2010. 3 The application was subject to Hearing on 12 July 2010. Mr L Smith appeared on behalf of the Council and the Local Government and Shires Association, with Ms L Hyam, General Manager of the Council. Mr P Collins of the USU appeared on behalf of the Unions. 4 The application is supported by the necessary Statement of Particulars and an affidavit signed by Ms Hyam in her capacity of General Manager, testifying that the agreement complies with the relevant statutory requirements and the no net detriment test; was not entered into under duress; and complies with the principles for approval determined by the Commission. Ms Hyam was not required for cross examination. 5 Mr Collins expressed the support of the Unions for approval of the Agreement. 6 The parties undertook a co-operative and collaborative approach to negotiations with the assistance of the Commission in the course of proceedings in Matter No IRC 1667 of 2009. Those proceedings are concluded on approval of the Agreement and a Statement published setting out the diligent and professional conduct of the parties throughout the negotiation process, 7 Also in related proceedings of 12 July 2010 the Local Government (State) Award 2007 ("the Award") 349 IG 491 was varied by consent in Matter No IRC 507 of 2010 [2010] NSWIRComm 94 to remove the exemption of Newcastle City Council which has stood in the Award for decades. 8 I am satisfied that the material presented to the Commission adequately demonstrates that the Agreement submitted for approval complies with all necessary tests. 9 The City of Newcastle Enterprise Agreement 2010 is approved in terms of the application to apply from the first pay period on or after 1 July 2010 and remain in force for a period of three years. 10 An Order of Rescission in respect to the Newcastle City Council Award 2006 359 IG 1158 issues herewith. ________ 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.