Industrial Relations Commission New South Wales Medium Neutral Citation: Kimbriki Environmental Enterprises Pty Ltd Operational Staff Enterprise Agreement 2019 – 2022 [2019] NSWIRComm 1037 Hearing dates: 11 June 2019 Date of orders: 11 June 2019 Decision date: 11 June 2019 Jurisdiction: Industrial Relations Commission Before: Commissioner Sloan Decision: The Kimbriki Environmental Enterprises Pty Ltd Operational Staff Enterprise Agreement 2019 – 2022 is approved Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – awards and agreements – application for approval of enterprise agreement – agreement approved Legislation Cited: Anti-Discrimination Act 1977 (NSW) Industrial Relations Act 1996 (NSW) Pt 2, Div1, ss 33, 34, 35 Cases Cited: Review of the Principles for Approval of Enterprise Agreements 2018 [2018] NSWIRComm 1064 Category: Principal judgment Parties: Kimbriki Environmental Enterprises Pty Ltd (Applicant) New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (Union) Representation: J Gallo (Applicant) J Conomos (Union) File Number(s): 2019/170794 Judgment 1. This is an application by Kimbriki Environmental Enterprises Pty Ltd ("Kimbriki") pursuant to s 34 of the Industrial Relations Act 1996 (NSW) ("Act") seeking approval of an enterprise agreement made under Pt 2 Div 1 of the Act between Kimbriki on the one hand and the New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union ("USU") on the other. 2. According to clause 1 of its terms, the enterprise agreement is to be known as the Kimbriki Environmental Enterprises Pty Ltd Operational Staff Enterprise Agreement ("Enterprise Agreement"). It is stated to apply to all "Operational Staff" employed by Kimbriki at the Kimbriki Resource Recovery Centre at Kimbriki Road, Terrey Hills in New South Wales. The Enterprise Agreement will come into operation from the first pay period to commence on or after 1 July 2019 and will remain in force until 30 June 2022. 3. The Enterprise Agreement is signed by the Chief Executive Officer of Kimbriki and the General Secretary of the USU. 4. The application is supported by the necessary Statement of Particulars. 5. In support of the application Kimbriki filed an affidavit sworn by Jane Gallo on 30 May 2019. In her affidavit Ms Gallo deposed as follows: 1. she is the Human Resources Manager of Kimbriki; 2. the Enterprise Agreement will rescind and replace the Kimbriki Environmental Enterprise Pty Ltd Operational Staff Enterprise Agreement 2016 – 2019; 3. the Enterprise Agreement will prevail over the Local Government (State) Award 2017 ("Award"); 4. the Enterprise Agreement complies with relevant statutory requirements, including the Anti-Discrimination Act 1977 (NSW); 5. the parties understand the effect of the Enterprise Agreement; 6. the parties did not enter into the Enterprise Agreement under duress; and 7. the Enterprise Agreement complies with the principles set by the Commission under s 33 of the Act. 1. Annexed to Ms Gallo's affidavit was a document described as a "Comparison Statement" which purported to compare the conditions of employment under the Enterprise Agreement and those which would otherwise apply to the employees under the Award. 2. The hearing of the application took place on 11 June 2019. Ms Gallo appeared on behalf of Kimbriki. Mr J Conomos appeared for the USU. 3. Mr Conomos informed the Commission that the Enterprise Agreement had been negotiated "with great collaboration" between Kimbriki and the USU. Mr Conomos confirmed the USU's support for approval of the Enterprise Agreement. 4. I am satisfied on the material presented to the Commission that the Enterprise 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 Review of the Principles for Approval of Enterprise Agreements 2018 [2018] NSWIRComm 1064. 5. The Kimbriki Environmental Enterprises Pty Ltd Operational Staff Enterprise Agreement 2019 – 2022 is approved in accordance with s 35 of the Act. In accordance with its terms the Enterprise Agreement will operate from the first pay period to commence on or after 1 July 2019 and will remain in force until 30 June 2022. 6. The Kimbriki Environmental Enterprises Pty Ltd Operational Staff Enterprise Agreement 2019 – 2022 rescinds and replaces the Kimbriki Environmental Enterprise Pty Ltd Operational Staff Enterprise Agreement 2016 – 2019. Damian Sloan 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: 11 June 2019