NSW Caselaw
Industrial Relations Commission New South Wales Medium Neutral Citation: Lake Macquarie City Council Enterprise Agreement 2011 [2011] NSWIRComm 1007 Hearing dates: 4 March 2011 Decision date: 04 March 2011 Jurisdiction: Industrial Relations Commission Before: Stanton C Decision: Lake Macquarie City Council Enterprise Agreement 2011 is approved to apply on and from 4 March 2011 for a period of three years Catchwords: APPLICATION FOR APPROVAL OF ENTERPRISE AGREEMENT - application by consent - constructive and collaborative negotiations Legislation Cited: Industrial Relations Act 1996 Category: Principal judgment Parties: Lake Macquarie City Council (Applicant)
New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (First Respondent)
Development and Environment Professionals' Association (Second Respondent)
Local Government Engineers' Association of New South Wales (Third Respondent) Representation: Mr J Green, Employee Relations Specialist
Mr P Sansom, Industrial Officer (Respondents) File Number(s): IRC 197 of 2011
DECISION 1This is an application by Lake Macquarie 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 (USU), Development and Environmental Professionals' Association and the Local Government Engineers' Association ("the Unions"). 2The Agreement is to be known as the Lake Macquarie City Council Enterprise Agreement 2011. 3The application was subject to Hearing on 4 March 2011. Mr J Green appeared on behalf of the Council. Mr P Sansom of the USU appeared on behalf of the Unions. 4The application is supported by the necessary Statement of Particulars and an affidavit signed by Mr J Green in his capacity as Employee Relations Specialist, 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. 5Mr Sansom expressed the support of the Unions for approval of the Agreement. 6I am satisfied that the material presented to the Commission adequately demonstrates that the Agreement submitted for approval complies with all necessary tests. 7The Lake Macquarie City Council Enterprise Agreement 2011 is approved to apply on and from 4 March 2011 for a period of three years. 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: 06 April 2011
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