Industrial Relations Commission New South Wales Medium Neutral Citation: Lake Macquarie City Council Enterprise Agreement 2014 [2015] NSWIRComm 32 Hearing dates: 29 September 2015 Decision date: 13 October 2015 Before: Harrison DP Decision: The Lake Macquarie City Council Enterprise Agreement 2014 is approved pursuant to section 43 of the Industrial Relations Act 1996 to apply for a period of three years from 1 July 2015 to conclude on 1 July 2018. Catchwords: Application for approval of enterprise agreement. Agreement approved Legislation Cited: Industrial Relations Act 1996 Category: Principal judgment Parties: Lake Macquarie City Council New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (United Services Union) (USU) Local Government Engineers Association of NSW (LGEA) Development and Environmental Professionals' Association (DEPA) Representation: Ms M Cameron, Director Community Development LMCC Mr R Potter, Organiser USU Mr S Chippindall, LGEA File Number(s): IRC 840 of 2015 DECISION 1. This is an application made pursuant to section 43 of the Industrial Relations Act 1996 ("the Act") to vary an enterprise agreement by further enterprise agreement made and approved in accordance with this Part. 2. The parties are in full agreement to the application to make a new enterprise agreement, with effect from 1 July 2015 to remain in force until 1 July 2018, in identical terms other than the duration of the Lake Macquarie City Council Enterprise Agreement 2014 EA15/4 (the former agreement). 3. The application was heard on 29 September 2015. 4. Ms M Cameron appeared on behalf of LMCC with Ms L Kendall. Mr R Potter appeared on behalf of New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (United Services Union) (USU) with Mr A Ryals. Mr S Chippindall appeared on behalf of the Local Government Engineers Association of New South Wales (LGEA). 5. Ms Cameron, supported by the other advocates, reported that the former agreement was working very effectively and that significant achievements of benefit to both Council and employees had been made pursuant thereto. 6. Mr Potter enunciated the consent of the Development and Environmental Professional's Association (DEPA) to the application, conveyed to him by email from Mr Robertson, Secretary of DEPA. 7. The application for a new agreement to expire on 1 July 2018 gives legal effect to the substantive agreement of the parties to provide stability to the organisation until that date. 8. The parties submitted that they intend to continue the positive and co-operative implementation processes contained within the Agreement. Ms Cameron noted that the employees who participated in the development of the agreement continue to meet as an implementation group. Ms Cameron was most complimentary of their efforts in noting achievements to date and those planned for the near future. 9. The application is supported by the necessary Statement of Particulars and an affidavit (exhibit 1) signed by Ms Cameron in her capacity of Director Community Development 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. Ms Cameron was not required for cross examination. 10. I am satisfied that the Agreement submitted for approval meets all of the necessary tests. 11. The Lake Macquarie City Council Enterprise Agreement 2014 is approved pursuant to section 43 of the Industrial Relations Act 1996 to apply for a period of three years from 1 July 2015 to conclude on 1 July 2018. ********** 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: 13 October 2015