Industrial Relations Commission New South Wales Medium Neutral Citation: Cessnock City Council Enterprise Agreement 2018 [2018] NSWIRComm 1058 Hearing dates: 20 September 2018 Date of orders: 20 September 2018 Decision date: 20 September 2018 Jurisdiction: Industrial Relations Commission Before: Commissioner Constant Decision: Agreement Approved Catchwords: Employment and industrial law - awards and agreements Legislation Cited: Anti-Discrimination Act 1977 Industrial Relations Act 1996 Cases Cited: State Wage Case 2017 [2017] NSWIRComm 1068 Category: Principal judgment Parties: Cessnock City Council New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union Local Government Engineers' Association of NSW Development and Environmental Professionals Association Representation: B Robson (applicant) N Martin (USU) G Brock (LGEA and DEPA) File Number(s): 2018/00267877 Decision 1. This is an application pursuant to section 34 of the Industrial Relations Act 1996 by Cessnock 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 (the USU), the Local Government Engineers' Association of NSW (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 Cessnock City Council Enterprise Agreement 2018 (the Agreement). 3. The application was subject to Hearing on 20 September 2018. Mr B Robson appeared for the applicant. Mr N Martin appeared for the USU. Mr G Brock appeared for DEPA and LGEA. 4. The application is supported by the necessary Statement of Particulars and an affidavit sworn on 29 August 2018 by Mr Stephen Glen 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. Mr Robson outlined the process of negotiations between the parties, and highlighted some of the benefits of the Agreement, including: flexible workplace arrangements, sick leave arrangements and additional superannuation employer contributions. 6. The submissions of Mr Robson were supported by Messrs Martin and Brock 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. 8. The Cessnock City Council Enterprise Agreement 2018 is approved in accordance with s. 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 the Cessnock City Council Enterprise Agreement 2014 number EA14/2. 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: 24 September 2018