Industrial Relations Commission New South Wales Medium Neutral Citation: Lachlan Shire Council Agreement 2019 [2020] NSWIRComm 1026 Hearing dates: 16 April 2020 Date of orders: 16 April 2020 Decision date: 16 April 2020 Jurisdiction: Industrial Relations Commission Before: Chief Commissioner Constant Decision: Agreement Approved Catchwords: Employment and industrial law - enterprise agreement Legislation Cited: Anti-Discrimination Act 1977 Industrial Relations Act 1996 Category: Principal judgment Parties: New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (applicant) Lachlan Shire Council Local Government Engineers' Association of NSW Development and Environmental Professionals Association Representation: Mr S Geddes and Mr R Oppitz New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union / Development and Environmental Professionals' Association of New South Wales Ms N Falvey Local Government Engineers' Association of NSW Mr B Robson Lachlan Shire Council File Number(s): 2020/00099846 Decision 1. This is an application made by consent pursuant to section 43 of the Industrial Relations Act 1996 by New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union, ("the applicant") seeking approval of a variation to an enterprise agreement known as the Lachlan Shire Council Agreement 2016 between the applicant, Lachlan Shire Council ("the Council"), the Local Government Engineers' Association of NSW ("LGEA"), and the Development and Environmental Professionals Association ("DEPA"). 2. The varied agreement is known as the Lachlan Shire Council Agreement 2019 ("the Agreement"). 3. The application is supported by a Statement of Particulars and an affidavit sworn on 31 March 2020 by Rudi Oppitz, an employee of the applicant, which was supplemented and clarified at the telephone hearing of this matter today, 16 April 2020 . Mr Oppitz evidence attests 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 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 receipt of a signed copy of the Agreement on 16 April 2020 following the hearing and considering the content of the Agreement and the evidence of Mr Oppitz, I am satisfied that the requirements of the legislation are met by this consent application for variation. 5. Lachlan Shire Enterprise Agreement 2019 is approved in accordance with s 35 of the Act. The Agreement will operate today, 16 April 2020 for a period of three years. This Agreement rescinds and replaces enterprise agreement number EA16/11. N J Constant CHIEF 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 2020