Industrial Relations Commission New South Wales Medium Neutral Citation: Clarence Valley Council Community Support Staff Enterprise Agreement 2012-2015 [2013] NSWIRComm 13 Hearing dates: 20/02/2013 Decision date: 22 February 2013 Before: Harrison DP Decision: Agreement Approved Catchwords: Application for approval of enterprise agreement to apply for term of three years. Agreement approved Legislation Cited: The Industrial Relations Act 1996 Category: Principal judgment Parties: The Local Government Association of NSW Clarence Valley Council New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (USU) Representation: Mr R Nassif Local Government Association of NSW Mr N Martin United Services Union File Number(s): IRC 113 of 2013 DECISION 1This is an application by the Local Government Association of New South Wales (LGA) on behalf of Clarence Valley Council ("the Council") seeking approval of an enterprise agreement between the Council and the New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (United Services Union (USU)) on behalf of the Council's employees engaged as Community Support Workers. 2The Agreement is to be known as the Clarence Valley Council Community Support Staff Enterprise Agreement 2012-2015 ("the Agreement"). 3The application was subject to Hearing on 20 February 2013. Mr R Nassif appeared on behalf of the LGA. Mr N Martin appeared on behalf of the USU. 4The application is supported by the necessary Statement of Particulars and an affidavit (exhibit 1) signed by Mr S Greensill 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 Nassif outlined the process of negotiation between the parties and confirmed the contents of exhibit 1. 6The submissions of Mr Nassif were supported by Mr Martin who confirmed the USU's support for approval of the Agreement. 7 I am satisfied that the material presented to the Commission adequately demonstrates that the Agreement submitted for approval complies with all necessary tests. 8The Clarence Valley Council Community Support Staff Enterprise Agreement 2012-2015 is approved in terms of the application to apply from 20 February 2013 and remain in force for a period of thirty six months therefrom. ********** ********** 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: 22 March 2013