State Super Enterprise Agreement 2020-2022 [2020] NSWIRComm 1006

Industrial Relations Commission New South Wales Medium Neutral Citation: State Super Enterprise Agreement 2020-2022 [2020] NSWIRComm 1006 Hearing dates: 3 February 2020 Date of orders: 03 February 2020 Decision date: 03 February 2020 Jurisdiction: Industrial Relations Commission Before: Commissioner Sloan Decision: The State Super Enterprise Agreement 2020-2022 is approved Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – awards and agreements – application for approval of enterprise agreement – agreement approved Legislation Cited: Anti-Discrimination Act 1977 (NSW) Government Sector Employment Act 2013 (NSW) s 21 Industrial Relations Act 1996 (NSW) Pt 2 Div 1, ss 33, 34, 35 Cases Cited: Review of the Principles for Approval of Enterprise Agreements 2018 [2018] NSWIRComm 1064 Category: Principal judgment Parties: SAS Trustee Corporation Staff Agency (Applicant)

Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (Union) Representation: S Rebeiro and M Bendall (Applicant)

T Pearce (Union) File Number(s): 2020/23166

Judgment 1. This is an application by SAS Trustee Corporation Staff Agency, also known as State Super ("State Super"), pursuant to s 34 of the Industrial Relations Act 1996 (NSW) ("Act") seeking approval of an enterprise agreement made under Pt 2 Div 1 of the Act between State Super on the one hand and the Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales ("PSA") on the other ("Enterprise Agreement"). 2. The hearing of the application took place on 3 February 2020. Ms S Rebeiro and Mr M Bendall appeared on behalf of State Super. Mr T Pearce appeared for the PSA. 3. According to cl 3 of its terms, the Enterprise Agreement is to be known as the State Super Enterprise Agreement 2020-2022. Clause 1(a) of the Enterprise Agreement states that one of its aims is "to consolidate in the one document all common conditions of employment for non-executive employees of State Super". The term "Employee" is defined in cl 6(d) of the Enterprise Agreement to mean persons employed by State Super under s 21 of the Government Sector Employment Act 2013 (NSW) and whose positions and remuneration rates are set out in Appendix A of the Enterprise Agreement. 4. The Enterprise Agreement will come into operation seven days after approval by the Commission and will remain in force for 30 months. 5. The Enterprise Agreement is signed by John Livanas, the Chief Executive Officer of State Super, and Troy Wright, a Branch Assistant Secretary of the PSA. 6. The application is supported by the necessary Statement of Particulars. 7. In support of the application State Super read an affidavit sworn by Mr Livanas on 21 January 2020. In his affidavit Mr Livanas deposed as follows: 1. the Enterprise Agreement will replace the SAS Trustee Corporation Conditions of Employment Determination 2019 ("Determination"). However, the current employment conditions contained in the Determination will transfer in full to the Enterprise Agreement, once approved; 2. the job classifications and remuneration bands reflected in the Determination will carry over to the Enterprise Agreement; 3. the Enterprise Agreement contains two new conditions of benefit to employees: the introduction of a First Aid Officer Allowance and a more formal recognition of additional hours worked; 4. the conditions of employment under the Enterprise Agreement, when compared to those in the Determination, do not result in any detriment to the employees to be covered by the Enterprise Agreement; 5. the Enterprise Agreement complies with relevant statutory requirements, including those of the Anti-Discrimination Act 1977 (NSW); 6. the parties have consulted on the terms and conditions of the Enterprise Agreement and understand its effect; 7. the parties consulted in good faith on the Enterprise Agreement and are not entering into it under duress; 8. the Enterprise Agreement complies with the principles set by the Commission under s 33 of the Act or, if it does not, any departure does not prejudice the interests of the parties to the Enterprise Agreement; and 9. the Enterprise Agreement covers all non-executive employees of State Super. 1. Mr Pearce confirmed the PSA's support for approval of the Enterprise Agreement. 2. I am satisfied on the material presented to the Commission that the Enterprise Agreement submitted for approval complies with all necessary statutory tests and the principles set by the Commission pursuant to s 33 of the Act in Review of the Principles for Approval of Enterprise Agreements 2018 [2018] NSWIRComm 1064. 3. The State Super Enterprise Agreement 2020-2022 is approved in accordance with s 35 of the Act. In accordance with its terms the Enterprise Agreement will operate from 10 February 2020 and will remain in force until 9 August 2022. Damian Sloan Commissioner

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