Lake Macquarie City Council Enterprise Agreement 2006 [2006] NSWIRComm 23 (30 March 2006)

Last Updated: 30 March 2006

NEW SOUTH WALES INDUSTRIAL RELATIONS COMMISSION

CITATION : Lake Macquarie City Council Enterprise Agreement 2006 [2006] NSWIRComm 23

FILE NUMBER(S): IRC 6761

HEARING DATE(S): 17/01/2006

DECISION DATE: 03/02/2006

EX TEMPORE DATE: 17/01/2006

PARTIES:

Lake Macquarie City Council

New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (USU)

Development and Environmental Professionals' Association (DEPA)

Local Government Engineers Association of New South Wales (LGEA).

JUDGMENT OF: Harrison DP

LEGAL REPRESENTATIVES

APPLICANT

Mr J Green

Lake Macquarie City Council

RESPONDENTS

Mr P Collins (USU)

Mr G Brock (LGEA & DEPA)

CASES CITED:

LEGISLATION CITED: Industrial Relations Act 1996

JUDGMENT:

- 1 -

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: HARRISON DP

3 February 2006

Matter No IRC 6761 of 2005

LAKE MACQUARIE CITY COUNCIL ENTERPRISE AGREEMENT 2006

Application by Lake Macquarie City Council for approval of enterprise agreement

DECISION

[2006] NSWIRComm 23

1 This is an application filed by the Lake Macquarie City Council ("the Council") seeking approval of an enterprise agreement between the Council, the New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (USU), the Development and Environmental Professionals' Association (DEPA), and the Local Government Engineers Association of New South Wales (LGEA). The proposed agreement will apply to all employees of the Council other than those designated as Senior Staff.

2 The application was subject to hearing on 17 January 2006. Mr J Green appeared on behalf of the Council with Mr M Neilson. Mr P Collins appeared on behalf of the USU. Mr G Brock appeared on behalf of the LGEA and DEPA.

3 The application is supported by the necessary Statement of Particulars and an affidavit (Exhibit 1) signed by Mr J Green, Human Resources Manager of the Council, attesting that the agreement complies with the relevant statutory requirements; satisfies the no net detriment test; was not entered into under duress; includes the necessary anti-discrimination clause and complies with the principles for approval determined by the Commission.

4 Mr Green put that the agreement replaces the Local Government State Award 2004 350 IG 471 and the Lake Macquarie City Council Enterprise Agreement 2000 which expired in 2003.

5 Mr Green relied upon the application and supporting Statement of Particulars.

6 Messrs Collins and Brock enunciated the consent of the Unions for approval of the agreement.

7 I am satisfied that the material presented to the Commission adequately demonstrates that the Agreement submitted for approval complies with all necessary tests.

8 The Lake Macquarie City Council Enterprise Agreement 2006 is approved in the terms of the application with effect from 2 January 2006 to remain in place for a period of three years therefrom.

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LAST UPDATED: 07/02/2006