Industrial Relations Commission New South Wales Medium Neutral Citation: Blacktown City Council Minimum Conditions and Benefits of Employment Agreement 2018-2021 [2018] NSWIRComm 1048 Hearing dates: 03 August 2018 Date of orders: 03 August 2018 Decision date: 03 August 2018 Jurisdiction: Industrial Relations Commission Before: Commissioner Constant Decision: Agreement Approved Catchwords: Employment and industrial law - awards and agreements - agreement approved Legislation Cited: Anti-Discrimination Act 1977 Industrial Relations Act 1996 Cases Cited: State Wage Case 2017 [2017] NSWIRComm 1068 Category: Principal judgment Parties: Blacktown City Council (applicant) New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (USU) Local Government Engineers' Association of NSW (LGEA) The Development and Environmental Professionals Association (DEPA) Representation: Ms V Sultana and Mr W Rogers (applicant) Mr S Szabo (USU) Mr I Robertson (LGEA and DEPA) File Number(s): 2018/00230151 Decision 1. This is an application pursuant to section 34 of the Industrial Relations Act 1996 by Blacktown City Council (the applicant) seeking approval of an enterprise agreement between the applicant and the New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (USU), the Local Government Engineers' Association of New South Wales (LGEA), and the Development and Environmental Professionals Association (DEPA) on behalf of the applicant's employees. 2. The agreement is to be known as the Blacktown City Council Minimum Conditions and Benefits of Employment Agreement 2018-2021 (the Agreement). 3. The application was subject to Hearing on 3 August 2018. Ms V Sultana appeared for the applicant with Mr W Rogers of Blacktown City Council. Mr S Szabo appeared for the USU. Mr I Robertson] appeared for DEPA and LGEA. 4. The application is supported by the necessary Statement of Particulars and an affidavit (Exhibit 1) sworn on 16 July 2018 by Mr Kerry A Robinson in his capacity as General Manager of the applicant, testifying that: the conditions of employment under the Agreement, when compared with those that would apply under the Local Government (State) Award 2017 do not, when considered as a whole, result in a net detriment to the employees covered by the Agreement; the Agreement complies with the relevant statutory requirements, including those of the Anti-Discrimination Act 1977; the parties understand the effect of the Agreement; the Agreement was not entered into under duress; the Agreement complies with the principles for approval determined by the Commission under section 33 of the Industrial Relations Act 1996; and the Agreement provides equal remuneration for men and women doing work of equal and comparable value under the Agreement. 5. Ms Sultana outlined the process of negotiations between the parties and confirmed the contents of Exhibit 1. 6. The submissions of Ms Sultana were supported by Messrs Szabo and Robertson who confirmed the USU's, LGEA's and DEPA's support for approval of the Agreement. 7. I am satisfied that the material presented to the Commission adequately demonstrates that the Agreement submitted for approval complies with all necessary statutory tests and the principles set by the Commission pursuant to section 33 of the Industrial Relations Act 1996 in State Wage Case 2017 [2017] NSWIRComm 1068. 8. The Blacktown City Council Minimum Conditions and Benefits of Employment Agreement 2018-2021 is approved in accordance with section 35 of the Industrial Relations Act 1996. The Agreement will operate from the beginning of the first full pay period to commence on and from 1 July 2018 for a term of three (3) years. This Agreement rescinds and replaces enterprise agreement number EA15/7. N J Constant 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: 10 August 2018