Industrial Relations Commission New South Wales Medium Neutral Citation: MidCoast Council Water Services Agreement 2019 [2019] NSWIRComm 1034 Hearing dates: 20 May 2019 Date of orders: 20 May 2019 Decision date: 28 May 2019 Jurisdiction: Industrial Relations Commission Before: Commissioner Stanton Decision: Agreement Approved Catchwords: Industrial dispute – collaborative employee relations – enterprise agreement - agreement approved Legislation Cited: Anti-Discrimination Act 1977 Industrial Relations Act 1996 Cases Cited: Review of the Principles for Approval of Enterprise Agreements 2018 [2018] NSWIRComm 1064 Category: Principal judgment Parties: MidCoast Council Electrical Trades Union of Australia, NSW Branch Development and Environmental Professionals Association Local Government Engineers' Association of NSW New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union Representation: Mr R Nassif (LGNSW and MidCoast Council) Mr B McDougall (ETU) Mr P Marzato (LGEA and DEPA) Mr N Martin USU) File Number(s): 2018/00177805 DECISION 1. This is an application pursuant to section 34 of the Industrial Relations Act 1996 filed by Local Government NSW (LGNSW) on behalf of MidCoast Council seeking approval of an enterprise agreement between MidCoast Council and the Electrical Trades Union of Australia, NSW Branch (ETU), the Development and Environmental Professionals' Association (DEPA), the Local Government Engineers' Association of NSW (LGEA) and the New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (USU). 2. The application was filed during the course of compulsory conference proceedings in IRC Matter No 177805 of 2018 on 20 May 2019 and marked Exhibit 2. There was consent amongst all parties for the Commission to hear and determine the application during those proceedings. 3. The Agreement represents partial settlement of the industrial dispute and is to be known as the MidCoast Council Water Services Agreement 2019 (the Agreement). 4. Mr R Nassif appeared for LGNSW and MidCoast Council. Mr B McDougall appeared for the ETU. Mr P Marzato appeared for LGEA and DEPA. Mr N Martin appeared for the USU. 5. The application is supported by the necessary Statement of Particulars and an affidavit sworn on 10 May 2019 by Mr Adrian Panuccio, 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 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. 1. Mr Nassif outlined the collaborative nature of negotiations between the parties including the involvement of the Commission and the benefits afforded to employees. 2. The submissions of Mr Nassif were broadly supported by Messrs McDougall, Martin and Marzato who confirmed the ETU's, USU's, LGEA's and DEPA's support for approval of the Agreement and the collaborative approach to enterprise bargaining and agreement making. 3. I am satisfied that the application 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. 4. The MidCoast Council Water Services Agreement 2019 is approved in accordance with s.35 of the Industrial Relations Act 1996. The Agreement shall operate from the beginning of the first full pay period to commence on or after 20 May 2019 for a term of three (3) years. John 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: 30 May 2019