Cessnock City Council Indoor Staff Enterprise Agreement 2010 [2011] NSWIRComm 1001

Industrial Relations Commission New South Wales Medium Neutral Citation: Cessnock City Council Indoor Staff Enterprise Agreement 2010 [2011] NSWIRComm 1001 Hearing dates: 17 January 2011 Decision date: 17 January 2011 Jurisdiction: Industrial Relations Commission Before: Stanton C Decision: The Cessnock City Council Indoor Staff Enterprise Agreement 2010 is approved in terms of the application to apply on and from today, 17 January 2011 and shall remain in force until 30 June 2013. Catchwords: APPLICATION FOR APPROVAL OF ENTERPRISE AGREEMENT - application by consent - constructive and collaborative negotiations Legislation Cited: Industrial Relations Act 1996 (NSW) Category: Principal judgment Parties: Cessnock City Council (Applicant)

New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (First Respondent)

Development and Environmental Professionals' Association (Second Respondent)

Local Government Engineers' Association of New South Wales (Third Respondent) Representation: Mr P Bhatt, Industrial Officer (Applicant)

Mr L Hutchinson, Industrial Officer (Respondents) File Number(s): IRC 1482 of 2010

1. This is an application by Cessnock 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, the Development and Environmental Professionals' Association and the Local Government Engineers' Association ("the Unions"). 2. The Agreement is to be known as the Cessnock City Council Indoor Staff Enterprise Agreement 2010. 3. The application was subject to hearing on 17 January 2011. Mr P Bhatt appeared on behalf of the Council and the Local Government and Shires Association with Ms J Crosdale, Human Resources Manager of the Council. Mr L Hutchinson appeared for the Unions. 4. The application is supported by the necessary Statement of Particulars and an affidavit signed by Ms L Rosser, General Manager, stating 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. 5. Mr Hutchinson submitted the Unions endorsed approval of the Agreement. 6. I am satisfied that the material presented to the Commission adequately demonstrates that the Agreement submitted for approval complies with all necessary tests. 7. The Cessnock City Council Indoor Staff Enterprise Agreement 2010 is approved in terms of the application to apply on and from today, 17 January 2011 and shall remain in force until 30 June 2013. John Stanton Commissioner 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. Decision last updated: 18 January 2011