Re Liverpool City Council 36 Hour Week (72 Hour Fortnight) Child Care Staff Award 2015 [2015] NSWIRComm 22

Industrial Relations Commission New South Wales Medium Neutral Citation: Re Liverpool City Council 36 Hour Week (72 Hour Fortnight) Child Care Staff Award 2015 [2015] NSWIRComm 22 Hearing dates: 29 January 2015; 4 and 6 February 2015; 2 and 11 March 2015 Date of orders: 28 August 2015 Decision date: 28 August 2015 Jurisdiction: Industrial Relations Commission Before: Walton J, President; Kite AJ; Tabbaa C Decision: The Full Bench makes the following orders:

(1) The application by the New South Wales Local Government Clerical, Administrative, Energy, Airlines and Utilities Union for the Liverpool Council 36 Hour Week (72 Hour Fortnight) Child Care Staff Award 2015 is dismissed.

(2) The dispute proceedings in Matter IRC 69 of 2015 are terminated. Catchwords: AWARD – Arbitrated Case – Special Case Principle – fair and reasonable conditions of employment - rebuttable presumption that the existing award provides fair and reasonable conditions of employment – presumption not rebutted – recognition of local agreements in award with respect to certain matters does not elevate agreement to award status – local agreements not enterprise agreements within the meaning of Pt 2 Divs 1 and 2 of the Industrial Relations Act 1996 – Undertaking given by employer to maintain hourly rate of pay as compensation for alteration in hours – over award rate to be absorbed by future award increases – termination of local agreements after expiration of nominal term not out of the ordinary – special case not made out - not in public interest to make award – application dismissed INDUSTRIAL DISPUTE – by Commission's own motion – terms and conditions of employment of affected employees pending the hearing and determination of the award application - undertakings given by employer – liberty granted to parties to relist matter should residual issues remain - no application made in connection with the liberty granted – dispute proceedings terminated Legislation Cited: Industrial Relations Act 1996 (NSW) Cases Cited: City of Sydney Wages/Salary Award 2014 [2014] NSWIRComm 49 Re Local Government (State) Award 2001 [2004] NSWIRComm 24 Re Storeworkers - IGA Distribution Pty Ltd New South Wales Distribution Centres Award 2002 [2002] NSWIRComm 156; 124 IR 1 State Wage Case 2010 [2010] NSWIRComm 183; 201 IR 15 State Wage Case 2010 (No 2) [2011] NSWIRComm 29; 206 IR 218 Category: Principal judgment Parties: New South Wales Local Government Clerical, Administrative, Energy, Airlines and Utilities Union (Applicant) Liverpool City Council (Respondent) Local Government Association of New South Wales (Intervenor) Representation: Counsel: J V Murphy of counsel (Applicant) D Mahendra of counsel (Respondent)