Notification under section 130 by the New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union of a dispute with the Local Government and Shires Association of New South Wales re negotiations for a new Award to cover local government in New South Wales [2017] NSWIRComm 1035

Notification under section 130 by the New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union of a dispute with the Local Government and Shires Association of New South Wales re negotiations for a new Award to cover local government in New South Wales [2017] NSWIRComm 1035

Because all industrial parties consented to the proposed Local Government (State) Award 2017 and the affidavit evidence and submissions satisfied the Commission that the award met the necessary statutory requirements, the Commission made the award on its own initiative under s 11(1)(a) of the Industrial Relations Act 1996 (NSW).

Jurisdiction
Australia
Judgment Date
30 June 2017
Procedural Posture
Notification of an Industrial Dispute Pursuant to S130 of the Industrial Relations Act 1996 (nsw) Regarding Negotiations for a New Award to Cover Local Government in New South Wales / Consent Making of New Award After Conciliation
Outcome
The Commission made an award entitled Local Government (State) Award 2017.
Legal Topics
['award Making' 'industrial Dispute Notification' 'conciliation' 'consent Award' 'local Government Employment Conditions' 'equal Remuneration' 'workplace Investigations' 'leave Entitlements' 'pay Increases']
['industrial Relations' 'employment Law'] ['award Making' 'industrial Dispute Notification' 'conciliation' 'consent Award' 'local Government Employment Conditions' 'equal Remuneration' 'workplace Investigations' 'leave Entitlements' 'pay Increases']

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Procedural Posture

Notification of an Industrial Dispute Pursuant to S130 of the Industrial Relations Act 1996 (nsw) Regarding Negotiations for a New Award to Cover Local Government in New South Wales / Consent Making of New Award After Conciliation

Legal Issues

  1. 1 ['Whether the Commission should make a new Local Government (State) Award 2017 to succeed the Local Government (State) Award 2014.' 'Whether the proposed new award met the statutory requirements for making an award, including fair and reasonable conditions of employment, minimum award content, and equal remuneration for men and women doing work of equal or comparable value.']

Ratio Decidendi

Because all industrial parties consented to the proposed Local Government (State) Award 2017 and the affidavit evidence and submissions satisfied the Commission that the award met the necessary statutory requirements, the Commission made the award on its own initiative under s 11(1)(a) of the Industrial Relations Act 1996 (NSW).

Court Disposition

The Commission made an award entitled Local Government (State) Award 2017.

Orders

  • ['The Commission makes the Local Government (State) Award 2017 in terms of Exhibit 1.' 'The new award shall commence operation from the commencement of the first full pay period on or after 1 July 2017.' 'The new award shall have a nominal term of 3 years.' 'The new award shall rescind and replace the Local...