Industrial Relations Commission New South Wales Medium Neutral Citation: Willoughby City Council Rangers' Agreement [2019] NSWIRComm 1027 Hearing dates: 16 April 2019 Date of orders: 16 April 2019 Decision date: 16 April 2019 Jurisdiction: Industrial Relations Commission Before: Commissioner Webster Decision: Agreement Approved Catchwords: Enterprise agreement – approval Legislation Cited: Industrial Relations Act 1996 (NSW) Anti-Discrimination Act 1977 (NSW) Cases Cited: Review of the Principles for Approval of Enterprise Agreements 2018 [2018] NSWIRComm 1064 Category: Principal judgment Parties: Local Government and Shires Association of New South Wales t/as Local Government (the Applicant) New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union (the Union) Representation: I Spooner (Applicant) D Papps (Respondent) File Number(s): 112980 of 2019 decision 1. This is an application pursuant to s 32 of the Industrial Relations Act 1996 ("the Act") by the Local Government and Shires Association of New South Wales t/as Local Government NSW ("the Applicant") seeking approval of an enterprise agreement between the Willoughby City Council and New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union ("the Union")(collectively, "the parties"). 2. The agreement is to be known as the Willoughby City Council, Rangers' Agreement, 2019 ("the Agreement"). 3. The Agreement was the subject of a hearing on 16 April 2019. 4. The application is supported by a Statement of Particulars and an affidavit sworn 5 April 2019 by Ms Debra Just. In her affidavit, Ms Just testifies that: 1. the Agreement complies with all relevant statutory requirements, including the Anti-Discrimination Act 1977 (NSW); 2. the Agreement does not, on balance, provide a net detriment to employees covered by the Agreement when compared with the aggregate package of conditions of employment which would otherwise apply under the applicable Award (being the Local Government (State) Award 2017("the Award")); 3. the Agreement complies with the Commission's Principles for Approval of Enterprise Agreements (Re Review of the Principles for Approval of Enterprise Agreements 2002 [2002] NSWIRComm 342); 4. the parties understand the effect of the Agreement; 5. the parties do not enter into the Agreement under duress; and 6. an open ballot of relevant Union members was conducted by the Union and unanimously agreed to the Agreement. 1. Ms Just annexed to her affidavit a comparison of conditions of employment under the Agreement with those that would otherwise apply under the Award. 2. During the hearing of 16 April 2019, Ms Spooner confirmed that: 1. the Agreement complies with the Principles for Approval of Enterprise Agreements contained in decision [2018] NSW IRComm 1064; 2. all persons who are to be covered by the Agreement (including non-Union members) were consulted and indeed all such persons were in favour of the Agreement; and 3. if any dispute in respect of the Agreement should arise, the dispute resolution procedure contained in the Local Government (State) Award 2017 will apply. 1. Mr Papps on behalf of the Union agreed with each of these submissions. 2. I am satisfied that the material presented to the Commission adequately demonstrates that the Agreement submitted for approval complies with all necessary statutory tests pursuant to s.33 and s.35 of the Industrial Relations Act 1996 and the principles set by the Commission in Review of the Principles for Approval of Enterprise Agreements 2018 [2018] NSWIRComm 1064. 3. The Agreement is approved in accordance with section 35 of the Industrial Relations Act 1996 and will operate from the 7 February 2019 to 6 February 2021. Janine Webster 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: 16 April 2019