Industrial Relations Commission New South Wales Medium Neutral Citation: Lismore City Council Goonellabah Sports and Aquatic Centre and Lismore Memorial Baths Enterprise Agreement 2015 [2015] NSWIRComm 41 Hearing dates: 10 December 2015 Decision date: 11 December 2015 Jurisdiction: Industrial Court of NSW Before: Harrison DP Decision: Agreement approved with effect from first pay period on or after 10 December 2015 to apply for a period of three years therefrom. Catchwords: Enterprise Agreement – Interest based process – Collaborative model of industrial engagement – Unique salary system developed for specific facilities - Mutually satisfactory result to benefit of all parties including ratepayers. Agreement approved. Legislation Cited: The Industrial Relations Act 1996 Category: Principal judgment Parties: Lismore City Council New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (United Services Union) (USU) Representation: Mr R Nassif Local Government and Shires Association of New South Wales Mr N Martin USU File Number(s): IRC 1001 of 2015 DECISION 1. This matter concerns an application for approval of an enterprise agreement to apply to all employees of the Goonellabah Sports and Aquatic Centre and the Lismore Memorial Baths for a period of three years with effect from the first full pay period on or after 10 December 2015. 2. The application was subject to Hearing on 10 December 2015. Mr R Nassif of the Local Government and Shires Association of New South Wales (LGNSW), appeared on behalf of Lismore City Council (the Council). Mr N Martin appeared on behalf of New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (United Services Union) (USU). 3. The application is supported by an affidavit (Exhibit 1) sworn by Mr Gary Murphy in his capacity of General Manager of the Council, together with the necessary Statement of Particulars. 4. The agreement submitted for approval is titled "Lismore City Council Goonellabah Sports and Aquatic Centre and Lismore Memorial Baths Enterprise Agreement" (the Agreement) (Exhibit 2). 5. The vehicle for development of the Agreement was Matter No IRC 169 of 2015 before the Commission as presently constituted, concluded on 10 December 2015 consequent upon the making of this Agreement. 6. A Statement issued concluding that matter in which I said: 1 This matter arose by notification from New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (United Services Union) (USU) on 25 March 2015 seeking the Commission's assistance in the development of a new enterprise agreement. 2 The parties were not in active dispute and relied upon the broad definition of "Industrial Dispute" found in the dictionary to the Industrial Relations Act 1996 ("the Act") which includes: "(c) a situation that is likely to give rise to an Industrial Dispute if preventative action is not taken" 3 That notification was made to engage the Commission in an interest based process to develop a new agreement to apply to all employees of the Council employed at the Goonellabah Sports and Aquatic Centre (GSAC) and the Lismore Memorial Baths (LMB). 4 The first discussion took place by teleconference on 8 April 2015, with subsequent proceedings at Tweed Heads Court on 21 May 2015; the Council's Chambers in Lismore on 23 June and 25 August 2015; and at Ballina Court on 21 October 2015. 5 Those attending discussions and proceedings were Mr N Martin with Mr J Hickson and Mr C Chandler on behalf of the USU; Ms R McAlister, Ms H Craig and Ms S Arthur, employed by the Council at GSAC and LMB; Mr R Nassif, Local Government New South Wales (LGNSW) on behalf of the Council with Mr G Murphy, General Manager, Mr J Eddy, People Services Co-ordinator, and Ms W Adnaans, Manager Arts and Tourism. 6 In addition to the proceedings referred to above, the parties contributed significant effort in both internal consideration and consultative discussion. 7 I particularly note the contribution of Mr Eddy of the Council, who was assisted by Mr Nassif and supported by management. I should also recognise the contribution of Mr Martin of the USU, Mr Stephen Hughes, Manager North of the USU, who addressed all staff; the local USU Organisers, Mr Hickson and Mr Chandler, and workplace representatives Ms McAlister, Ms Craig and Ms Arthur. 8 The issues were complex and difficult, involving the conclusion of labour hire arrangements and converting arrangements to direct employment with the Council within the scope of the Local Government (State) Award 2014 377 IG 1650 as either regular weekly hire, permanent part time, or casual as the business operations required. 9 The fiscal challenge for the parties was to achieve this with a sustainable cost framework so as to allow efficient and effective continuation of the facilities in an increasingly competitive market. 10 The organisational structure involved some 17 separate positions across a range of functions, including lifeguarding, maintenance, swimming instruction, fitness co-ordination, gym operations, café operations, crèche, and operations team leader. 11 The Council filed an application for approval of a new agreement on 2 December 2015 (Matter No IRC15/1001), which was approved in proceedings of 10 December 2015, completing the purpose of the instant matter. 12 I congratulate all of the participants on the diligent, professional and co-operative manner in which they addressed the task. The outcome is a credit to them all. 13 Matter No IRC 169 of 2015 is so concluded. 1. The Agreement is a comprehensive prescription of wages and conditions of employment including salary system, provision for annualised salaries, skill descriptors, part time, casual and job share arrangements, and a commitment to work, health and safety. 2. Mr Nassif submitted that the Agreement is a good example of parties co-operating to identify the needs of the local government area and the community, and arriving at a resolution beneficial to all parties. 3. Mr Nassif was particularly complimentary of the efforts of all parties to develop a unique salary system and transitional arrangements to accommodate employees and meet operational needs. 4. Both Mr Nassif and Mr Martin expressed their appreciation for the contribution of the Commission in overseeing the process and guiding the parties throughout their discussions. 5. Mr Martin endorsed the comments of Mr Nassif and enunciated the concurrence of the USU to the Agreement submitted for approval. 6. I congratulate all of the participants on the diligent, professional and co-operative manner in which they addressed the task. The outcome is a credit to them all. 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 Lismore City Council Goonellabah Sports and Aquatic Centre and Lismore Memorial Baths Enterprise Agreement 2015 is approved in terms of the application to apply from 10 December 2015 and remain in force for a period of three years therefrom. 9. Matter No IRC 1001 of 2015 is so concluded. ********** 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: 11 December 2015