Industrial Relations Commission New South Wales Medium Neutral Citation: Midcoast County Council Enterprise Agreement 2012 [2012] NSWIRComm 130 Hearing dates: 9 November 2012 Decision date: 20 November 2012 Before: Harrison DP Decision: Agreement approved Catchwords: Application for approval of enterprise agreement - Legislation Cited: The Industrial Relations Act 1996 Category: Principal judgment Parties: Midcoast County Council (Applicant) New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union The Association of Professional Engineers, Scientists and Managers Australia The Electrical Trades Union of Australia, NSW Branch Representation: Mr C McElroy Local Government Association of NSW Mr A Morgan New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union; The Association of Professional Engineers, Scientists and Managers Australia Mr R Wilson The Electrical Trades Union of Australia, NSW Branch File Number(s): IRC 1108 of 2012 DECISION 1This is an application by Midcoast County 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 Association of Professional Engineers, Scientists and Managers Australia (APESMA); and The Electrical Trades Union of Australia, NSW Branch. 2The Agreement is to be known as the Midcoast County Council Enterprise Agreement 2012. 3The application was subject to Hearing on 9 November 2012. Mr C McElroy of the Local Government Association of NSW appeared on behalf of the Council. Mr A Morgan appeared on behalf of USU and APESMA. Mr R Wilson appeared on behalf of ETU. 4The application is supported by the necessary Statement of Particulars and an affidavit signed by Mr Robert Loadsman 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; is not entered into under duress; and complies with the principles for approval determined by the Commission. Mr Loadsman was not required for cross examination. 5Messrs Morgan and Wilson expressed the support of the Unions for 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. 7The Midcoast County Council Enterprise Agreement 2012 is approved in terms of the application to apply from the first full pay period on or after 1 November 2012 and will remain in force until 31 October 2015. 8The Midcoast County Council Enterprise Agreement 2007 is rescinded and replaced by the Agreement now approved and is accordingly terminated. The appropriate Order issues herewith. ********** BEFORE THE INDUSTRIAL RELATIONS COMMISSIONPRIVATE OF NEW SOUTH WALES No. IRC 1108 of 2012 PRIVATE By consent the Commission orders: IN THE MATTER OF 1. That the Midcoast County Council Enterprise Agreement 2007 between the parties listed below be terminated with the approval of the parties given on 9 November 2012. MIDCOAST COUNTY COUNCIL ENTERPRISE AGREEMENT 2012 Midcoast County Council Application by Midcoast County Council for approval of enterprise agreement New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union ORDER The Association of Professional Engineers, Scientists and Managers Australia Filed by the Industrial Registrar The Electrical Trades Union of Australia, NSW Branch Signed at Newcastle 20 November 2012 R W Harrison Deputy President 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: 23 November 2012