Industrial Relations Commission New South Wales Medium Neutral Citation: MidCoast County Council Enterprise Agreement 2015 – Application for approval [2015] NSWIRComm 1017 Hearing dates: 16 September 2015 Decision date: 16 September 2015 Jurisdiction: Industrial Court of NSW 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: MidCoast County Council New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (USU) Electrical Trades Union of Australia, New South Wales Branch (ETU) Professionals Australia Representation: Ms E Rooke Local Government New South Wales on behalf of MidCoast County Council Mr E Cole USU and ETU Mr G Brock Professionals Australia File Number(s): IRC 787 of 2015 Case Title: MidCoast County Council Enterprise Agreement 2015 – Application for approval Medium Neutral Citation: [2015] NSWIRComm ___ Hearing Date(s): 16 September 2015 Decision Date: 16/09/2015 Jurisdiction: Industrial Relations Commission of New South Wales 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 Cases Cited: Texts Cited: Category: Principal judgment MidCoast County Council Parties: New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (USU) Electrical Trades Union of Australia, New South Wales Branch (ETU) Professionals Australia Representation Ms E Rooke Local Government New South Wales on behalf of MidCoast County Council Mr E Cole USU and ETU Mr G Brock Professionals Australia File number(s): IRC 787 of 2015 Publication Restriction: DECISION 1. This matter concerns an application by Local Government of New South Wales (LG NSW) on behalf of MidCoast County 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)), Professionals Australia and the Electrical Trades Union of Australia, New South Wales Branch (ETU) ("the Unions'"). 2. The agreement is to be known as the MidCoast County Council Enterprise Agreement 2015 (the Agreement). 3. The application was subject to Hearing on 16 September 2015. Ms E Rooke appeared on behalf of LG NSW for the Council. Mr E Cole appeared on behalf of the USU and the ETU. Mr G Brock appeared for Professionals Australia. 4. The application is supported by the necessary Statement of Particulars and an affidavit (Exhibit 1) signed by Mr Daryl Hancock, the Council's Acting 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. 5. Ms Rooke confirmed the contents of Exhibit 1 and urged the Commission to approve the Agreement in the terms sought. 6. The submissions of Ms Rooke were supported by Mr Cole 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. 8. The MidCoast County Council Enterprise Agreement 2015 is approved in terms of the application and shall operate from the beginning of the first full pay period commencing on or after 1 September 2015 and shall remain in force 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: 28 September 2015