Industrial Relations Commission New South Wales Medium Neutral Citation: Office of Environment and Heritage Flight Operations Enterprise Agreement 2018 [2018] NSWIRComm 1059 Hearing dates: 04 September 2018 Date of orders: 02 October 2018 Decision date: 02 October 2018 Jurisdiction: Industrial Relations Commission Before: Commissioner Constant Decision: Agreement Approved Catchwords: Employment and industrial law - enterprise agreement Legislation Cited: Anti-Discrimination Act 1977 Industrial Relations Act 1996 Cases Cited: State Wage Case 2017 [2017] NSWIRComm 1068 Category: Principal judgment Parties: Industrial Relations Secretary and Chief Executive of the Office of Environment and Heritage (applicants) Australian Workers' Union NSW Branch (the AWU) Representation: I Faulks (applicants) P Parker (AWU) File Number(s): 2018/00260644 Decision 1. This is an application pursuant to s 43 of the Industrial Relations Act 1996 ("the Act") by the Industrial Relations Secretary and the Chief Executive of the Office of Environment and Heritage (NSW) (the applicants) seeking approval of an enterprise agreement between the applicants and the Australian Workers' Union NSW Branch (the AWU) on behalf of the applicant's employees. 2. The agreement is to be known as the Office of Environment and Heritage Flight Operations Employment Agreement 2018 (the Agreement). 3. The application is supported by a Statement of Particulars and an affidavit sworn on 14 September 2018 by Ian Faulks testifying that: the conditions of employment under the Agreement, when compared with those that would apply under the Crown Employees (Office of Environment and Heritage – National Parks and Wildlife Service) Field Officers and Skilled Trade Salaries and Conditions 2016 Award 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 s 33 of the Act; and the Agreement provides equal remuneration for men and women doing work of equal and comparable value. 4. 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 s 33 of the Act in State Wage Case 2017 [2017] NSWIRComm 1068. 5. The Office of Environment and Heritage Flight Operations Employment Agreement 2018 is approved in accordance with s 35 of the Act. The Agreement will operate from the beginning of the first full pay period to commence on and from 1 July 2018 until 30 June 2019. This Agreement rescinds and replaces enterprise agreement number EA1/18. N J Constant COMMISSIONER ********** Amendments 02 October 2018 - Case Name amended. 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: 02 October 2018