Industrial Relations Commission New South Wales Medium Neutral Citation: Tweed Regional Aquatic Centres Enterprise Agreement 2016 [2016] NSWIRComm 1037 Hearing dates: 23 September 2016 Decision date: 07 October 2016 Jurisdiction: Industrial Court of NSW Before: Commissioner Stanton Decision: Agreement Approved Catchwords: Cooperative employment relations – Fit for the Future program – Council review of Aquatic Centre operations – conferences convened to explore options to improve operational efficiency and reduce costs – agreement reached on terms of an enterprise agreement – application for approval of enterprise agreement to apply to Tweed Regional Aquatic Centres – Agreement approved for nominal term of three years Legislation Cited: Industrial Relations Act 1996 Anti-Discrimination Act 1977 Category: Principal judgment Parties: Tweed Shire Council New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union Representation: Mr R Nassif Local Government of New South Wales Mr N Martin New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union File Number(s): 2016/32087 DECISION 1. This matter concerns an application by Local Government of New South Wales on behalf of Tweed Shire 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 (the Union) 2. The agreement is to be known as the Tweed Regional Aquatic Centres (TRAC) Enterprise Agreement 2016 (the Agreement). 3. The Council operates three aquatic facilities located at Murwillumbah, Kingscliff and Tweed Heads. As part of the New South Wales Government Fit for the Future program, Council conducted an in-depth review of these operations with the view to improving operational efficiency and stabilising costs. In 2015, approximately 5% of the Council's rate income was spent on operating the aquatic centres. The review also considered outsourcing the management of the facilities and partial closure during the winter months. 4. The parties met in December 2015 and agreed on a time table for full and frank discussions to occur before the Commission in support of reaching a consensus on the terms of an enterprise agreement utilising the Commission's cooperative employment relations interest based bargaining model. 5. The matter was subject to conferences under the auspices of the Commission involving Council management and Union representatives convened in Murwillumbah on 3 February and 4 May 2016. Other proceedings before the Commission occurred on 16 December 2015 and 6 May 2016. 6. Cooperative employment relations enable the parties to explore their respective interests in a rational and orderly way. In this matter, significant and confidential financial data was reviewed by the parties in a non-adversarial environment. 7. Cooperative employment relations also requires strong leadership and accountability. In that regard, Mr Nassif, Mr Green and Ms Suzanne Richmond, Human Resources Manager and, Mr Martin, Mr Steve Birney, State President and Northern Branch President and Mr Matthew Palmer, Union delegate provided the leadership necessary at all times to ensure various options raised during the various conferences were assessed objectively. 8. The terms of a proposed enterprise agreement to cover the operations of Council's aquatic centres were finalised in late July 2016 subject to endorsement by the Council and the Union. 9. The Tweed Regional Aquatic Centres (TRAC) Enterprise Agreement 2016 (the Agreement) provides tangible benefits to both the Council and its employees. Importantly, the Agreement also provides a sustainable base for the Council to conduct a very important community service to ratepayers "In house". 10. The application was subject to hearing on 23 September 2016. Mr R Nassif appeared on behalf of the Council. Mr N Martin appeared for the Union. 11. The application is supported by the necessary Statement of Particulars and an affidavit (Exhibit 1) signed by Mr Troy Green in his capacity as General Manager of 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. 12. Mr Nassif and Mr Martin both submitted the various conferences convened before the Commission recognised the value of mutual and reciprocal cooperation and recognition of industrial interests. There was no impediment to the Commission approving the application. 13. I am satisfied that the material presented to the Commission adequately demonstrates that the Agreement submitted for approval complies with all necessary tests. 14. The Tweed Regional Aquatic Centres (TRAC) Enterprise Agreement 2016 is approved pursuant to section 35 of the Industrial Relations Act 1996 to apply on and from 23 September 2016 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: 07 October 2016