Waverley Council Conditions Enterprise Agreement - 2005 [2005] NSWIRComm 121 (15 April 2005)

Last Updated: 20 April 2005

NEW SOUTH WALES INDUSTRIAL RELATIONS COMMISSION

CITATION : Waverley Council Conditions Enterprise Agreement - 2005 [2005] NSWIRComm 121

FILE NUMBER(S): IRC 1661

HEARING DATE(S): 12/04/2005

DECISION DATE: 15/04/2005

PARTIES:

APPLICANT

Waverley City Council

RESPONDENT

Development and Environmental Professionals' Association

Local Government Engineers' Association of New South Wales

United Services Union

JUDGMENT OF: Boland J

LEGAL REPRESENTATIVES

APPLICANT

Ms M Wallace

Waverley City Council

RESPONDENTS

Mr B Kruse with Mr A Veney

United Services Union

also appearing for

Local Government Engineers' Association

Ms K Hunt

Development and Environmental Professionals' Association

CASES CITED: Review of the Principles for Approval of Enterprise Agreements (2000) 101 IR 332

AWARD:

Local Government (State) Award 2004

LEGISLATION CITED: Anti-Discrimination Act 1977

Industrial Relations Act 1996

JUDGMENT:

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: Boland J

Friday 15 April 2005

Matter No IRC 1661 of 2005

WAVERLEY COUNCIL CONDITIONS ENTERPRISE AGREEMENT 1997

Application by Waverley City Council for approval of Enterprise Agreement

DECISION

[2005] NSWIRComm 121

1 Application is made to the Commission, pursuant to Div 2, Pt 2 of ch 2 of the Industrial Relations Act 1996, for the approval of an enterprise agreement between the Waverley Council ('the applicant') and the Development and Environmental Professionals Association of New South Wales (depa), the Local Government Engineers' Association of New South Wales (LGEA), and the United Services Union (USU).

2 The application was filed on 1 April 2005 and listed for hearing on 12 April 2005, thereby fulfilling the requirements of s34(3) of the Act. At the hearing of the matter, Ms M Wallace appeared for the applicant and the USU was represented by Mr B Kruse who also appeared for LGEA.

3 There was no appearance by depa on the above date and as such I could not be satisfied of their consent to the proposed Agreement. Therefore, the proceedings were stood over until the Commission was formally advised of depa's position.

4 Depa advised the Commission in writing of their consent on the 13 April 2005.

5 Before approving an enterprise agreement, the Commission must be satisfied that the statutory requirements, as outlined in the Industrial Relations Act 1996, the Anti Discrimination Act 1977 and the Enterprise Agreement Principles formulated by a Full Bench of the Commission in Review of the Principles for Approval of Enterprise Agreements (2000) 101 IR 332 have been satisfied.

6 The application was accompanied by the necessary affidavit of Mr K Anson, General Manager of the applicant. Mr Anson deposed that the proposed agreement met the requirements of the Act and the Commission's Principles governing the approval process for enterprise agreements.

7 The proposed Agreement covers some 566 employees of Waverley Council who are covered by the Local Government (State) Award 2004 ("Award"). Where the agreement is silent the relevant Award will apply. Where there is any inconsistency the proposed Agreement will apply

8 I note further that the Agreement replaces an earlier agreement, being the Waverley Council Conditions Enterprise Agreement 1997 ("1997 Agreement"). The nominal term of the 1997 Agreement expired in January 2000. The 1997 Agreement was terminated pursuant to sub-section 44(3) of the Act with effect from 22 March 2005.

9 It is apparent from the submissions made by the applicant that the agreement has gone through a substantial negotiating process over a number of years, including conciliation before Haylen J. Mass meetings were held with staff and numerous sessions with a working committee and the consulting committee.

10 Having heard the submissions of the parties and upon reviewing the terms of the Agreement, I am satisfied that the parties understand the effect of their Agreement, that the Agreement was not entered into under duress, and that there is no net detriment to the employees otherwise bound by the terms and conditions of the relevant Award.

11 I am satisfied that the legislative requirements for approval have been met and the Commission's Principles dealing with Enterprise Agreements have been compiled with.

12 Pursuant to s 35 of the Act, I therefore approve the Enterprise Agreement to be known as the Waverley Council Conditions Enterprise Agreement 2005 ("Agreement") with a nominal period of three years to commence from 22 March 2005.

13 These proceedings are thereby concluded.

LAST UPDATED: 15/04/2005