Industrial Relations Commission New South Wales Medium Neutral Citation: Local Government (State) Award Application by New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union for variation re Area, Incidence and Duration [2013] NSWIRComm 101 Hearing dates: 29 November 2013 Decision date: 16 December 2013 Before: Harrison DP Decision: Award varied by consent Catchwords: Local Government (State) Award varied by consent to include Moree Artesian Aquatic Centre Limited (MAAC Ltd) excluding employees presently engaged in the Wellness Centre Legislation Cited: The Industrial Relations Act 1996 Category: Principal judgment Parties: Representation: Mr J Murphy of Counsel (Applicant) Mr M Barnes, Carroll & O'Dea Lawyers Ms K Horan, Tress Cox Lawyers File Number(s): IRC 785 of 2013 DECISION 1This is an application by the New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (USU) for variation of the Area, Incidence and Duration provision of the Local Government (State) Award 2010 (the Award) 370 IG 648. 2Moree Plains Shire Council (the Council) has separated the activities of its Aquatic Centre into a separate entity known as the Moree Artesian Aquatic Centre Limited (MAAC Ltd). This entity, while separate to the Council, is a designated Non-National Employer, thus remaining within the jurisdiction of the Industrial Relations Act 1996 ("the Act") as varied. In these proceedings the USU seeks continuation of respondency to the Award. The immediate effect is continuation of rates of pay, conditions of employment and associated rights and obligations for former employees of the Council transferred to MAAC Ltd. 3The matter was subject to hearing on 29 November 2013. 4Mr J Murphy of Counsel appeared on behalf of New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (USU), the Local Government Engineers' Association of NSW (LGEA), Development and Environmental Professionals' Association (DEPA) and the New South Wales Nurses and Midwives' Association, with Mr M Barnes, Solicitor of Carroll & O'Dea Lawyers and Mr N Martin of the USU. 5At the outset Mr Murphy advised that the parties had reached agreement and sought the variation of the Award by consent. 6Mr Murphy tendered a revised clause 41 (exhibit 1) which represents the agreed position of the parties. 7Ms Horan and Mr Nassif expressed their consent to the variation. 8The Award is varied by consent of the parties in terms of exhibit 1 set out below with effect from the first pay period on or after 29 November 2013. 41. Area Incidence and Duration (i) This Award shall apply to all employees in Local Government within New South Wales, including employees of City of Penrith Regional Indoor Aquatic and Recreation Centre Limited (Ripples), employees of Moree Artesian Aquatic Centre Limited (MAAC Ltd) employed at the Moree Artesian Aquatic Centre and employees of committees of council established under the Local Government Act 1993. The Award does not cover those employees employed by Sydney City Council, Wollongong City Council and County of Yancowinna. And excepting those employees covered by the Local Government (Electricians) State Award, Butchers' Wholesale (Country) Award and Butchers' Wholesale (Newcastle and Northern) Award and Section 332 of the Local Government Act 1993 and Newcastle City Council employees covered by the Entertainment and Broadcasting Industry Award - Live Theatre and Concert Award 1998 and employees of MAAC Ltd primarily engaged in duties in the Wellness Centre, within the premises of the Moree Artesian Aquatic Centre. [emphasis added] 9Matter No IRC 785 of 2013 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: 16 December 2013