Clarence Valley Council Long Service Leave Enterprise Agreement 2012-2015 [2013] NSWIRComm 24

Industrial Relations Commission New South Wales Medium Neutral Citation: Clarence Valley Council Long Service Leave Enterprise Agreement 2012-2015 [2013] NSWIRComm 24 Hearing dates: 2 April 2013 Decision date: 04 April 2013 Jurisdiction: Industrial Relations Commission 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: Local Government and Shires Association of New South Wales (LGSA) Clarence Valley Council New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (USU) Local Government Engineers' Association of New South Wales (LGEA) Development and Environmental Professionals' Association (DEPA) Representation: Mr M Marelic LGSA Mr N Martin USU Mr G Brock LGEA and DEPA File Number(s): IRC 169 of 2013

DECISION 1This is an application by the Local Government and Shires Association of New South Wales (LGSA) 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)), Local Government Engineers' Association of New South Wales (LGEA) and Development and Environmental Professionals' Association (DEPA) ("the Unions") on behalf of the Council's ongoing employees engaged under the General Staff Enterprise Agreement. 2The Agreement is to be known as the Clarence Valley Council Long Service Leave Enterprise Agreement 2012-2015 ("the Agreement"). 3The application was subject to Hearing on 2 April 2013. Mr M Marelic appeared on behalf of the LGSA. Mr N Martin appeared on behalf of the USU. Mr G Brock appeared on behalf of LGEA and DEPA> 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 Greensill was not required for cross examination. 5Mr Marelic outlined the process of negotiation between the parties and confirmed the contents of exhibit 1. 6The submissions of Mr Marelic were supported by Mr Martin and Mr Brock who confirmed the Unions' 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 Long Service Leave Enterprise Agreement 2012-2015 is approved in terms of the application to apply from 2 April 2013 and remain in force for a period of thirty six months therefrom.