Broken Hill City Council Consent Award 2025 [2025] NSWIRComm 1077 (12 September 2025)

1. The application was supported by an affidavit, dated 2 June 2025, sworn by Brian Harrington, Union Organiser for the USU in the Riverina area. Mr Harrington in this affidavit deposed to the following:

"[6] The current application in effect acts as a roll over for twelve (12) months of the previous award with a new rate of pay applied, being valued at 4% and a one-off payment of $1,500 that is none compounding."

[7] The roll over provides benefit to all parties with no other conditions of employment varied and bringing negotiation in line with the time frame for industry negotiations. The parties have committed during this time to a review of the council's salary system.

[8] The Award contains mandatory dispute procedures required by s14 of the Act contained at Clause 45 of the Award.

[9] The Award meets the requirements of equal pay renumeration at S22 of the Act containing reference to a requirement of equal pay and prohibiting workplace discrimination at Clause 2 of the Award.

[10] The Award meets the requirements regarding entitlement at Division 2 S21 of the act with Sick Leave (Clause 30) and annual leave (Clause 26- 28) exceeding what is provided by the act, hours of work being less than the 40 hours provided by the act (Clause 6-8), options for both part time and casual work (Clause 12 and 13 respectively of the Award) and employment protections in the course of redundancy (Clause 48-50)."

(Reproduced verbatim)

1. Mr Harrington provided a second affidavit dated 8 July 2025, where he further deposed as follows:

"[1] I believe that the proposed 2025 Award meets and complies with the requirements of the Award Making Principles established by Division 1 of Part 1 of Chapter 2 of the Industrial Relations Act 1996 (NSW) ("the act").

[2] I believe that the application meets each of the award making principles required by the act. In line with s10 of the act the commission has the power to make the award setting reasonable pay and conditions. Currently Broken Hill has a consent enterprise Award and this Award rolls over all conditions currently set with the addition of a pay rise to compensate for cost of living and inflationary pressure.

...

[4] As stated in my previous affidavit in line with S14 of the Act the Award contains mandatory dispute procedure provisions at Cl 45 of the 2025 Award and the requirements for workplace consultation at Cl 46.

[5] In line with S15 the award has a commencement date which will apply retrospectively from the 1st of July 2025, and the employer has already commenced the payment of relevant pay increases considered by this award. Further it complies with S16 of the Act with the Award applying for twelve (12) months from the 1st of July 2025 to 30th June 2026.

....

(Reproduced verbatim)

1. The USU also submitted a comparison document to the Current Award 2022 which identified three differences between the two awards:

(1) The Consent Award runs from 1 July 2025 until 30 June 2026.

(2) The Consent Award contains a 4% increase in rates of pay to operate from the first full period after 1 July 2025.

(3) The Consent Award contains a Consent Award gross payment of $1500.

1. The application was also supported by written submissions filed by the USU on 9 July 2025.
2. The Commission also observed that the proposed award filed on 10 June 2025 had an inconsistency in that the definition of "Union" in clause 3 which referred only to the Barrier Industrial Council ("BIC") and its affiliated unions and clause 4 Area, Incidence and Duration provided that the three parties to the Award as:
   • Broken Hill City Council.
   • The BIC.
   • The NSW Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union (the "USU").
3. As a result of this discrepancy, the application was listed for directions on 23 July 2025. During this directions hearing, Mr Geddes, an officer of the USU informed the Commission that the BIC is a peak body and one of their members is and was the Broken Hill Town Employees' Union (the "BHTEU") who had members employed at an aged care facility run by the council which ceased approximately 10 years prior. Furthermore, Mr Geddes stated that the USU is the only member union of the BIC who has coverage of employees who would be covered by the proposed award.
4. Directions were made for the filing and serving of evidence and an amended consent award.
5. On 24 July 2025, an affidavit of Rosslyn Ferry was filed, Ms Ferry is the President of the BIC and Secretary of the BHTEU. In this affidavit, Ms Ferry deposed that the USU is the only member of the BIC with coverage at the Council and that the BIC consents to the Consent Award.
6. On 25 July 2025, an amended version of the proposed award was filed with the only variation to the version of the Consent Award filed on 10 June 2025, being the addition of the USU in the definition of Union in clause 3.
7. On 8 August 2025, an affidavit of the general manager of the respondent, Mr Jay Nankivell that the respondent consents to the making of the Consent Award and that the USU is the only member of the BIC with coverage at the Council.

1. Firstly, I am satisfied on the evidence set out above in relation to the coverage of the USU and the affidavit on behalf of the respondent that the application is one which is made by consent. Accordingly, sub-principle 3.1(6) of the 2024-2025 Award Making Principles: State Wage Case 2024 (No 4) [2024] NSWIRComm 25 applies, and the application can be considered without being treated as an Arbitrated Case under Principle 9. This is subject to the proposed award otherwise complying with the requirements of the Act.
2. I am satisfied that the Consent Award sets fair and reasonable conditions of employment and that it appropriate to make the award pursuant to s 10 of the Act and regard to the fact that:

(1) The Consent Award replaces the Current Award, which is to be taken as providing for fair and reasonable terms of conditions of employment when it was made_: City of Sydney Wages/Salary Award 2014_ (2014) 247 IR 386; [2014] NSWIRComm 49 at [12]; and

(2) The Consent Award provides for increased renumeration when compared to the Current Award.

1. Having regard to the evidence of Mr Harrington in his first affidavit and my reading of the Consent Award, I am satisfied that it is in the public interest to make the Consent Award and that all the relevant statutory requirements have been met. In particular, I am satisfied that ss 14, 15, 21 and 22 of the Act have been satisfied.
2. As the Consent Award is made by consent and sets conditions of employment for employees under a single employer, namely the Council, s 15(4)(b) of the Act permits the award to be backdated to 1 July 2025.

(1) Pursuant to s 17 of the Industrial Relations Act 1996 (NSW), the Broken Hill City Council Consent Award 2022 is rescinded.

(2) Pursuant to s 10 of the Industrial Relations Act 1996 (NSW), the Broken Hill City Council Consent Award 2025 is made in the form filed on 28 July 2025 with effect from 1 July 2025.