Industrial Relations Commission New South Wales Medium Neutral Citation: Port Stephens Council Enterprise Agreement 2011 [2011] NSWIRComm 151 Hearing dates: 8 November 2011 Decision date: 11 November 2011 Jurisdiction: Industrial Relations Commission Before: Harrison DP Decision: Agreement approved Catchwords: Enterprise Agreement - collaborative and inclusive bargaining process - all statutory test met - agreement approved. Legislation Cited: Industrial Relations Act 1996 Category: Principal judgment Parties: Port Stephens Council New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union Local Government Engineers' Association Development and Environmental Professionals' Association Representation: Ms M Gilliver-Smith, Human Resources Manager, Port Stephens Council Mr L Hutchinson, New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union File Number(s): IRC 1645 of 2011 Publication restriction: No DECISION 1An application for approval of an enterprise agreement, to be known as the Port Stephens Council Enterprise Agreement 2011 ("the 2011 Agreement), was filed by Port Stephens Council ("the Council") on 24 October 2011. 2The proposed Agreement is the result of an assisted bargaining process facilitated by the Commission as presently constituted at the request of the parties pursuant to a notification under section 130 of the Industrial Relations Act 1996 ("the Act") in Matter No IRC 152 of 2011. 3In February 2011 the New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (USU) exercised its rights as a registered industrial organisation to seek the assistance of the Commission in a review of industrial arrangements, rates of pay and employment conditions at the Council. 4In proceedings of 15 March 2011 the USU and Council jointly requested the Commission facilitate a Workplace Agreement Committee (WAC) to assist the parties in the same manner in which the Port Stephens Council Enterprise Agreement 2008 (EA09/6) ("the 2008 Agreement") was developed. 5The parties advised that they were not in conflict but relied upon the wider definition of "dispute" found in the dictionary to the Act which includes inter alia a "question or difficulty about an industrial matter", to access the jurisdiction and assistance of the Commission. 6The matter proceeded in accordance with the request of the parties. 7The WAC, made up of representatives of Management, the USU, the Local Government Engineers' Association (LGEA), the Development and Environmental Professionals' Association (DEPA), and employees, first met on 4 April 2011 and has met monthly thereafter. 8The WAC was supported by functional sub-committees from Maintenance and Construction, Holiday Parks, Corporate Clean, Trades, Libraries, Parks, Childcare, Section Managers, Rangers, Community Services and Information Technology 9The matter was subject to Hearing on 8 November 2011. Ms M Gilliver-Smith appeared on behalf of the Council. Mr L Hutchinson appeared on behalf of the USU with Mr Noel Martin. 10The Application contains the necessary Statement of Particulars, together with an Affidavit signed by Ms Gilliver-Smith in her capacity of Human Resources Manager of the Council, certifying that the agreement complies with the relevant statutory requirements; the no net detriment test; was not entered into under duress; and complies with the principles for approval determined by the Commission. Ms Gilliver-Smith was not required for cross examination. 11The 2011 Agreement builds upon the 2008 Agreement to continue and improve a range of flexible working conditions, rights and obligations designed to attract and retain employees and improve efficiency of Council's operations to the benefit of the community at large. 12The relevant detail of the agreement was appropriately communicated to all employees ahead of a vote conducted by the Australian Electoral Commission. 13I wish to pay tribute to the diligent and professional manner in which all members of the WAC addressed their task, in particular Michelle Gilliver-Smith who carried the administrative and research responsibility for the WAC concurrent with her role as a participant. 14The 2011 Agreement is a well balanced, mutually beneficial arrangement for the next three years, building upon the achievements of the 2008 Agreement, consistent with industry and community standards. It has been constructed as an indivisible package, having regard to affordability by Council, security of employment, and earnings and career opportunities for employees. 15The 2011 Agreement provides for sustainable rates of pay consistent with industry standards and represents good value for employees and Council alike. 16Mr Hutchinson tendered an Affidavit sworn by him in his capacity of Organiser of the USU, which provides support for the Agreement and concurs with the submissions of the Council. Mr Hutchinson was not required for cross examination. 17I am satisfied that the material presented to the Commission adequately demonstrates that the Agreement submitted for approval complies with all necessary tests. 18The Port Stephens Council Enterprise Agreement 2011 is approved in terms of the application with effect from 1 September 2011 to remain in force for a period of three years therefrom. 19Matter No IRC 1645 is so concluded. 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: 11 November 2011