Local Government, Aged, Disability and Home Care (State) Award [2015] NSWIRComm 1026

Industrial Relations Commission New South Wales Medium Neutral Citation: Local Government, Aged, Disability and Home Care (State) Award [2015] NSWIRComm 1026 Hearing dates: 25 November 2015 Decision date: 04 December 2015 Jurisdiction: Industrial Court of NSW Before: Stanton C Decision: Award approved Catchwords: Application for new Award – s 19 Award Review – Award consolidation – application meets statutory requirements – Award made – certain awards rescinded. Legislation Cited: Industrial Relations Act 1996 Cases Cited: State Wage Case 2015 [2015] NSWIRComm 31 Category: Principal judgment Parties: Unions NSW Health Services Union NSW (HSU NSW) Local Government New South Wales (LG NSW) Aged and Community Services NSW (ACS NSW) Representation: Ms K Minter - Unions NSW Mr A Coquillon – HSU NSW Ms V Sultana – LG NSW and ACS NSW File Number(s): IRC 982 of 2015

DECISION 1. This matter concerns an application by Unions NSW for the making of a new Award to be known as the Local Government, Aged, Disability and Home Care (State) Award (the Award). 2. Negotiations for the proposed Award arose from the 2015 Award Review that commenced in October 2015 pursuant to s 19 of the Industrial Relations Act 1996 (the Act). 3. Ms K Minter appeared for Unions NSW. Mr A Coquillon appeared for the Health Services Union NSW. Ms V Sultana appeared for Local Government New South Wales and the Aged and Community Services NSW. 4. The proposed Award contains the mandatory dispute resolution provisions as required by s 14 of the Act and satisfies the requirements for the making of Awards. The proposed Award is consistent with the Wage Fixing Principles as enunciated in the State Wage Case 2015 [2015] NSWIRComm 31. 5. The proposed Award will consolidate conditions and classifications within the aged, disability and home care sector operating within Local Government in New South Wales. 6. Having heard the parties, the Commission makes the Award in the terms set out in the application (Exhibit 1). The Local Government, Aged, Disability and Home Care (State) Award shall operate from the beginning of the first full period to commence on or after 25 November 2015 and shall remain in force for a nominal period of three (3) years. 7. The Award replaces and rescinds the following Awards: * Charitable Institutions (Professional Paramedical Staff)(State) Award 2006; * Charitable Sector, Aged and Disability Care Services (State) Award 2003; * Charitable, Aged and Disability Care Services (State) Award; * Private Hospitals, Aged Care and Disability Services (Training)(State) Award; and * Private Hospitals and Charitable Sector Employees Superannuation (State) Award.