Ballina Shire Council Managers' Enterprise Agreement 2014-2017 - Application for approval [2014] NSWIRComm 1018

Industrial Relations Commission New South Wales Medium Neutral Citation: Ballina Shire Council Managers' Enterprise Agreement 2014-2017 - Application for approval [2014] NSWIRComm 1018 Hearing dates: 7 July 2014 Decision date: 07 July 2014 Jurisdiction: Industrial Relations Commission Before: Stanton C Decision: Agreement Approved Catchwords: Application for approval of enterprise agreement to apply for a nominal term of three years - Agreement approved. Legislation Cited: Industrial Relations Act 1996 Category: Principal judgment Parties: Ballina Shire 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) File Number(s): IRC 463 of 2014

DECISION 1This matter concerns an application by the Local Government and Shires Association of New South Wales (LGSA) on behalf of Ballina Shire 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 managers. 2The agreement is to be known as the Ballina Shire Council Managers' Enterprise Agreement 2014-2017 (the Agreement). 3The application was subject to Hearing on 7 July 2014. Mr N Adams appeared on behalf of the LGSA for the Council. Mr I Haywood appeared for the USU. Mr G Brock appeared for both the LGEA and DEPA. 4The application is supported by the necessary Statement of Particulars and an affidavit (Exhibit 1) signed by Mr P Hickey, the Council's General Manager, 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. 5Mr Hickey outlined the process of negotiations between the parties and confirmed the contents of Exhibit 1. 6The submissions of Mr Hickey were supported by Mr Haywood and Mr Brock who confirmed the Unions' support for approval of the Agreement. 7I am satisfied that the material presented to the Commission adequately demonstrates that the Agreement submitted for approval complies with all necessary tests. 8The Ballina Shire Council Managers' Enterprise Agreement 2014-2017 is approved in terms of the application and shall operate on and from 7 July 2014 for a nominal term of three (3) years. JD Stanton COMMISSIONER 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: 08 June 2016