City of Newcastle Enterprise Agreement 2010 [2011] NSWIRComm 55

Industrial Relations Commission New South Wales Medium Neutral Citation: City of Newcastle Enterprise Agreement 2010 [2011] NSWIRComm 55 Hearing dates: 16 December 2010, 7 April 2011 Decision date: 28 April 2011 Jurisdiction: Industrial Relations Commission Before: Harrison DP Decision: Variation of enterprise agreement Catchwords: Variation of agreement pursuant to section 43 of the Industrial Relations Act 1996 - interaction with Paid Parental Leave Act 2010 (Cth) - consistent with Local Government (State) Award 2010. Legislation Cited: Industrial Relations Act 1996 Paid Parental Leave Act 2010 (Cth) Category: Principal judgment Parties: New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union (USU) (Applicant) City of Newcastle (Respondent) Representation: P Collins (USU) (Applicant) D Allan City of Newcastle (Respondent) File Number(s): IRC 1463 of 2010

DECISION 1The application in this matter was filed on 14 December 2010 by the New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union (USU). 2The matter was the subject of proceedings on 16 December 2010 and 7 April 2011. 3In proceedings on 7 April 2011 Mr P. Collins appeared on behalf of the USU. Ms D. Allan appeared on behalf of the City of Newcastle ("the Council") with Ms S. Huthnance. 4The USU seeks variation of the City of Newcastle Enterprise Agreement 2010 by way of reference to Clause 19 Part F, Paid Parental Leave and Part G, Concurrent Parent Leave pursuant to section 43 of the Industrial Relations Act 1996 ("the Act"). 5The variation to the agreement is supported by the Council. 6The parties submitted that the variation to the agreement is consistent with respective provision of the Local Government (State) Award 2010 370 IG 648. 7Ms Allan tendered a copy of the variation (Exhibit 2) and the City of Newcastle Enterprise Agreement 2010 in full incorporating the change sought (Exhibit 3). 8Ms Allan set out the operation of the paid parental leave provision incorporated into the agreement which she put provided for the interaction of the Paid Parental Leave Act 2010 (Cth). Ms Allan further detailed the agreement between the parties on measures for introduction of the variation sought. 9Section 43 of the New South Wales Industrial Relations Act 1996 provides for variation of an enterprise agreement in the following terms: 43 Variation of an enterprise agreement (1) An enterprise agreement may be varied at any time by a further enterprise agreement made and approved in accordance with this Part. (2) The parties to the further agreement need not be the same as the parties to the earlier agreement. 10I am satisfied that the variation sought is by genuine consent of the parties and meets all other criteria for approval. 11The City of Newcastle Enterprise Agreement 2010 is varied in the terms of Exhibit 2 by the making of a new agreement, Exhibit 3 with application from 7 April 2011 for the remainder of the term of the initial agreement which was 3 years from 1 July 2010. oo0oo 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: 28 April 2011