City of Newcastle Enterprise Agreement 2026 [2026] NSWIRComm 1004 (22 January 2026)

(1) Jeremy Bath on behalf of the Council, which included a comparison table between the 2026 Agreement and the Local Government (State) Award;

(2) Luke James Hutchinson on behalf of the USU;

(3) Paul Marzato on behalf of LGEA; and

(4) Ian Robertson on behalf of DEPA.

1. At the conclusion of the hearing, an order was made for the filing of further evidence in relation to the issue of no net detriment in relation to two awards.
2. On 22 December 2025 an affidavit of Mr Garry Norris from the Council was filed, annexing two rates comparison schedules comparing the 2026 Agreement to the Local Government (Electricians) (State) Award and the Entertainment And Broadcasting Industry - Live Theatre And Concert (State) Award (NSW).
3. The Commission contacted the parties to the Agreement on 12 January 2026, concerning a reference in Clause 6 to section 138 of Local Government Act 1993 (NSW), which appeared to be a mistake. By 21 January 2026, each of the parties to the Agreement had informed the Commission that the reference to section 138 was incorrect and that the each of the parties had understood and agreed that it is section 338 of the Local Government Act 1993 (NSW) is what was intended to be in Clause 6 of the Agreement.
4. On 19 January 2026, the USU had forwarded to the Commission a revised version of the Agreement which identified section 338 of the Local Government Act 1993 (NSW) at Clause 6.
5. Approval Requirements
6. In State Super Enterprise Agreement 2024-2027 [2025] NSWIRComm 20 the President J conveniently summarised the requirements for the approval of enterprise agreements as follows (foot notes omitted):

7. Accordingly, as with an application to approve an enterprise agreement, the Commission needs to satisfy itself that:

(1) the requirements of s 35 of the Industrial Relations Act have been met, principally, that the agreement does not, on balance, provide a net detriment to the employees when compared with the aggregate package of conditions of employment under the State awards;

(2) the agreement is consistent with the Principles for Approval of Enterprise Agreements (Principles) at Annexure A of Re Review of the Principles for Approval of Enterprise Agreements 2021/2022,[4] unless the Commission is satisfied that any departure from those Principles would not prejudice the interests of any of the parties to the agreement;

(3) as employees are parties to the agreement, the special requirements of s 36 of the Industrial Relations Act are met; and

(4) the requirements of s 37 of the Industrial Relations Act addressing the process of conducting secret ballots for the approval of agreements have been met.

1. Additionally, the President in Re State Super Enterprise Agreement 2024-2027 [2024] NSWIRComm 8 at [88], provided a check list to assist in degerming whether the requirements for the approval of an enterprise agreement have been met.
2. Consideration
3. Based on my participation in the process that led to the reaching of the Agreement and its terms and effect, and the affidavit read by the parties and the oral submissions made by the parties, I am satisfied that:

(1) The Agreement covers all employees of Council, except for Senior Staff employed under an employment contract as defined in section 338 of the Local Government Act 1993 (NSW) (see cl 6);

(2) The Agreement identifies the parties to the Agreement (see cl 7);

(3) The Agreement is for a period of three years (see cl 8);

(4) The agreement regulates totally the terms and conditions of employment for those employees covered by the Agreement (see cl 9);

(5) the Agreement does not, on balance, provide a net detriment to employees when compared with the aggregate package of conditions of employment which would otherwise apply under the Award. In this respect I have relied upon the comparison tables annexed to the affidavits of Mr Jeremy Bath and Mr Garry Norris.

(6) the parties understand the effect of the Agreement and have not entered into it under duress; and

(7) the Agreement contains a dispute resolution process (see cl 49).

(8) the Agreement complies with all relevant statutory requirements, including the Anti-Discrimination Act 1977 (NSW) and s 33 of the Act and the principles set by the Commission in Review of the Principles for Approval of Enterprise Agreements 2021/2022 [2022] NSWIRComm 1005.

1. Given the above, it is appropriate that I approve, and I do so approve the Agreement in the form sent to the Commission on 19 January 2026 and rescind the existing agreement, the City of Newcastle Enterprise Agreement 2023.
2. Accordingly, I make the following orders:

(1) is the Agreement is approved in accordance with s 35 of the Industrial Relations Act 1996 and will operate from 1 January 2026 and remain in force for a period of three years; and

(2) the City of Newcastle Agreement 2023, EA 22/09, is rescinded pursuant to s 44 of the Industrial Relations Act 1996.