Tweed Shire Council Preserved Sick Leave Enterprise Agreement 2020 [2020] NSWIRComm 1032

Industrial Relations Commission New South Wales Medium Neutral Citation: Tweed Shire Council Preserved Sick Leave Enterprise Agreement 2020 [2020] NSWIRComm 1032 Hearing dates: 21 April 2020 Date of orders: 21 April 2020 Decision date: 23 April 2020 Jurisdiction: Industrial Relations Commission Before: Commissioner Webster Decision: The Tweed Shire Council Preserved Sick Leave Enterprise Agreement 2020 is approved. The previous enterprise agreement between the parties EA 17/02 is rescinded. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – awards and agreements – application for approval of enterprise agreement – preserved sick leave payout entitlements – flexibility to use sick leave before retirement – inclusion of clause to enable leave to be taken in unusual circumstances, such as major floods, pandemics or operational close downs – previous enterprise agreement rescinded - enterprise agreement approved Legislation Cited: Anti-Discrimination Act 1977 (NSW) Industrial Relations Act 1996 (NSW) Cases Cited: Re Review of the Principles of Approval of Enterprise Agreements 2015 [2015] NSWIRComm 24 Review of the Principles for Approval of Enterprise Agreements 2018 [2018] NSWIRComm 1064 Category: Principal judgment Parties: Local Government New South Wales (LGNSW)(Applicant)

Tweed Shire Council (party to agreement)

The New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (party to agreement)

Development and Environmental Professionals' Association (party to agreement) Representation: R Nassif, Local Government and Shires Association of NSW