Lachlan Shire Council Enterprise Agreement 2011 [2012] NSWIRComm 73

Industrial Relations Commission New South Wales Medium Neutral Citation: Lachlan Shire Council Enterprise Agreement 2011 [2012] NSWIRComm 73 Hearing dates: 6 July 2012 Decision date: 10 July 2012 Jurisdiction: Industrial Relations Commission Before: Harrison DP Decision: Agreement approved Catchwords: Application for approval of enterprise agreement - local government - three year period - agreement approved Category: Principal judgment Parties: Lachlan Shire Council Local Government and Shires Association of New South Wales New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union Development and Environmental Professionals Association Local Government Engineers Association Representation: Mr M Marelic LGSA (Applicant) Ms M Nordenswan USU (Respondent) Mr I Robertson DEPA (Respondent) Mr M O'Connell LGEA (Respondent) File Number(s): IRC 695 of 2012 Publication restriction: No

DECISION 1This is an application by the Local Government and Shires Association of New South Wales (LGSA) on behalf of Lachlan Shire 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); the Development and Environmental Professionals' Association (DEPA) and the Local Government Engineers' Association of New South Wales (LGEA) ("the Unions"). 2The Agreement is to be known as the Lachlan Shire Council Enterprise Agreement 2011 ("the Agreement"). 3The application was subject to Hearing on 6 July 2012. Mr M Marelic appeared on behalf of the LGSA; Ms M Nordenswan appeared on behalf of the USU; Mr I Robertson appeared on behalf of DEPA; Mr M O'Connell appeared on behalf of LGEA. 4The application is supported by the necessary Statement of Particulars and an affidavit (exhibit 1) signed by Mr G Cowan in his capacity of General Manager of the Council, 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. Mr Cowan was not required for cross examination. 5Mr Marelic submitted that the Agreement will apply to all employees employed by the Council, other than those employed at Willowbend Sports Centre. 6Mr Marelic outlined the process of negotiation between the parties and confirmed the contents of exhibit 1. 7The submissions of Mr Marelic were supported by the representatives of the Unions, who confirmed their organisations' support for approval of the Agreement. 8 I am satisfied that the material presented to the Commission adequately demonstrates that the Agreement submitted for approval complies with all necessary tests. 9The Lachlan Shire Council Enterprise Agreement 2011 is approved in terms of the application to apply from the first pay period on or after 6 July 2012 and remain in force for a period of three years.