NSW National Parks and Wildlife Service Flight Operations Enterprise Agreement 2019 [2019] NSWIRComm 1067

Industrial Relations Commission New South Wales Medium Neutral Citation: NSW National Parks and Wildlife Service Flight Operations Enterprise Agreement 2019 [2019] NSWIRComm 1067 Hearing dates: 9 September 2019 Date of orders: 18 September 2019 Decision date: 18 September 2019 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: Review of the Principles for Approval Of Enterprise Agreements 2018 [2018] NSWIRComm 1064 Category: Principal judgment Parties: Industrial Relations Secretary on behalf of the Department of Planning, Industry and the Environment (applicant) Australian Workers' Union NSW Branch (the AWU) Representation: I Haydock (applicant) J Shaw (AWU) File Number(s): 2019/00269185

Decision 1. This is an application pursuant to s 43 of the Industrial Relations Act 1996 ("the Act") by the Industrial Relations Secretary on behalf of the Department of Planning, Industry and the Environment (the applicant) seeking approval of an enterprise agreement between the applicant and the Australian Workers' Union NSW Branch (the AWU) on behalf of the applicant's employees employed in the National Parks and Wildlife Service Flight Operations Unit. 2. The agreement is to be known as the NSW National Parks and Wildlife Service Flight Operations Enterprise Agreement 2019 ("the Agreement"). 3. The application is supported by a Statement of Particulars and an affidavit made on 27 August 2019 by Iain Haydock 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. Following one amendment to the Statement of Particulars made by consent of the applicant and the AWU at the hearing on 9 September 2019, and receipt of a signed copy of the Agreement on 13 September 2019, 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 Review of the Principles for Approval Of Enterprise Agreements 2018 [2018] NSWIRComm 1064. 5. NSW National Parks and Wildlife Service Flight Operations Enterprise Agreement 2019 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 2019 until 30 June 2020. This Agreement rescinds and replaces enterprise agreement number EA18/07. N J Constant COMMISSIONER