Mid-Western Regional Council (Supported Employees) Enterprise Agreement 2015 [2015] NSWIRComm 1024

Industrial Relations Commission New South Wales Medium Neutral Citation: Mid-Western Regional Council (Supported Employees) Enterprise Agreement 2015 [2015] NSWIRComm 1024 Hearing dates: 25 November 2015 Decision date: 25 November 2015 Jurisdiction: Industrial Court of NSW Before: Commissioner Stanton Decision: Agreement Approved Catchwords: Application for approval of an enterprise agreement – consultation with Union, supported employees and their parents and / or guardians – Agreement approved for a nominal term of three years. Legislation Cited: Industrial Relations Act 1996 Anti-Discrimination Act 1977 Category: Principal judgment Parties: Mid-Western Regional Council

New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (United Services Union)(USU) Representation: Mr P Amos (Agent), Mid-Western Regional Council

Mr G Golledge, Organiser USU File Number(s): IRC 972 of 2015

DECISION 1. This is an application by the Mid-Western Regional 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)("the Union"). 2. The agreement is to be known as the Mid-Western Regional Council (Supported Employees) Enterprise Agreement 2015 ("the Agreement"). 3. The application was subject to hearing on 25 November 2015. Mr P Amos appeared as agent on behalf of the Council. Mr G Golledge appeared for the Union. 4. The application is supported by the necessary Statement of Particulars and an affidavit signed by Mr Amos in his capacity as agent for the Council stating that the proposed Agreement complies with the relevant statutory requirements including the Anti-Discrimination Act 1977 and the "No Net Detriment Test". Moreover, the proposed Agreement was not entered into under duress and complies with the principles for approval determined by the Commission. 5. Mr Amos outlined the process of negotiations between the parties which involved discussions with the Union, employees to be covered by the proposed Agreement and their parents and / or guardians. 6. Mr Golledge confirmed the Union was actively involved in the negotiations for the Agreement and endorsed the approval of the application. 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 Mid-Western Regional Council (Supported Employees) Enterprise Agreement 2015 is approved pursuant to s 35 of the Industrial Relations Act 1996 to apply for a nominal term of three (3) years on and from 25 November 2015. 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: 26 November 2015