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[2026] NSWIRComm 1064
General information, not legal advice.
Industrial Relations Commission (NSW)
2026-07-14
Commissioner O’Sullivan
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Source: NSW Caselaw (www.caselaw.nsw.gov.au). Converted to plain text by ZoeLaw. Not the official version.
Medium Neutral Citation: Lake Macquarie City Council Enterprise Agreement 2026-2029 [2026] NSWIRComm 1064
Hearing dates: 14 July 2026
Date of orders: 14 July 2026
Decision date: 14 July 2026
Jurisdiction: Industrial Relations Commission
Before: Commissioner O’Sullivan
Decision: (1) The Lake Macquarie City Council Enterprise Agreement 2026-2029 filed on 8 July 2026 is approved in accordance with s 35 of the Industrial Relations Act 1996 (NSW) and will operate from the beginning of the first pay period following 14 July 2026 and will remain in force for a period of three years.
(2) The Lake Macquarie City Council Enterprise Agreement 2023 (EA24/05) is rescinded, pursuant to s 44 of the Industrial Relations Act 1996 (NSW).
Catchwords: EMPLOYMENT AND INDUSTRIAL LAW — Awards and enterprise agreements — Application for approval of enterprise agreement — Mutual gains bargaining — Application approved — No issue of principle.
Legislation Cited: Industrial Relations Act 1996 (NSW), s 35, 44
Cases Cited: State Super Enterprise Agreement 2024-2027 (2024) 336 IR 145; [2024] NSWIRComm 8
State Super Enterprise Agreement 2024-2027 [2025] NSWIRComm 20
Category: Principal judgment
Parties: Lake Macquarie City Council (Applicant)
New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union (First Respondent)
The Development and Environmental Professionals’ Association (Second Respondent)
The Local Government Engineers’ Association of New South Wales (Third Respondent)
Representation: GP Guzman (Applicant)
S Chessor (Applicant)
LJ Hutchinson (First Respondent)
G Brock (Third Respondent)
File Number(s): 2026/00281095
Publication restriction: Nil
Lake Macquarie City Council (Council) filed an application on 8 July 2026, pursuant to s 34 of the Industrial Relations Act 1996 (NSW) (IR Act), seeking approval of the Lake Macquarie City Council Enterprise Agreement 2026-2029 (Proposed Agreement) and the rescinding of the Lake Macquarie City Council Enterprise Agreement 2023 (EA24/05) (Current Agreement) (Application).
The Proposed Agreement is between the Council, New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union (USU), Development and Environmental Professionals’ Association (DEPA) and the Local Government Engineers’ Association of New South Wales (LGEA).
The application is supported by:
Affidavit of Sarah Chessor, Manager People and Culture at the Council, affirmed on 7 July 2026, which also includes a schedule and a summary of changes from the Current Enterprise agreement;
Affidavit of Luke James Hutchinson, Employee of the USU, affirmed on 8 July 2026;
Affidavit of Gabriela Paz Guzman, Industrial Officer at LGEA, affirmed on 8 July 2026, and annexes a comparison and compliance statement;
Affidavit of Gordon Brock, Industrial Relations Consultant engaged by the LGEA, affirmed on 8 July 2026;
Affidavit of Ian Robertson dated 13 July 2026;
A copy of the Current Agreement; and
A signed and marked-up copy of the Proposed Agreement.
The relevant history in relation to the negotiations between the parties to the Proposed Agreement, and the consultative steps taken by the Council is set out in detail in the following paragraphs of the affidavit of Ms Chessor:
“14. The history of the negotiations are as follows:
a. May 2025 — Phone calls made to representatives of USU, LGEA and depa to notify of Council's intention to commence negotiations for the next Enterprise Agreement.
b. 19 June 2026 - Council lodged a "Notification of Intention to Commence Mutual Gains Bargaining" with the Commission.
c. 25 June 2025 —Industrial Relations Commission hearing via teleconference with Commissioner O'Sullivan to discuss the upcoming bargaining process and set dates for induction, training and initial meeting.
d. 22 July 2025 - E-mail sent to the Enterprise Agreement Discussion Group [EADG] outlining an induction program and draft staff survey for feedback. The EADG is made up of management representatives, union officials, union delegates and subject matter experts.
e. 4 August to 15 August 2025 - Staff and unions surveys conducted to allow for articulation of interests.
f. 12 August 2025 - EADG attends Collaboration Training facilitated by Twyfords Collaboration ahead of the opening of negotiations.
g. 25 August 2025 - Induction meeting held with the EADG and Commissioner O'Sullivan to provide an overview of the process, including the Interest Based Bargaining model, strategic direction of Council, external factors and environmental considerations and the staff survey.
h. 26 August 2025 — First meeting of theEADG facilitated by Commissioner O'Sullivan, role of chair explained and Meeting Code of Cooperation distributed. Staff survey feedback explored and work groups proposed for key topics.
i. 23 September 2025 —EADG attends ‘Future of Work’ session facilitated by Futurist, Dr Ben Hamer.
j. 30 September 2025 - EADG meeting held and Council and Unions tabled specific items for interest-based discussions for further exploration. Work groups discussed and confirmed.
k. 18 November 2025 — EADG meeting held for review of existing 2023 Enterprise Agreement and identification of clauses requiring simplification and/or further discussion. Updates provided on progress of work groups.
l. 16 December 2025 — EADG meeting held to continue discussions and begin drafting or redrafting of identified clauses. Updates provided on progress of work groups.
m. 11 February 2026 - EADG meeting held to continue discussions and drafting or redrafting of identified clauses. Updates provided on progress of work groups.
n. 26 February 2026 - EADG meeting held to continue discussions and drafting or redrafting of identified clauses. Updates provided on progress of work groups.
o. 10 March 2026 - EADG meeting held to continue discussions and drafting or redrafting of identified clauses. Updates provided on progress of work groups.
p. 26 March 2026 - EADG meeting held to continue discussions and drafting or redrafting of identified clauses. Updates provided on progress of work groups.
q. 9 April 2026 - EADG meeting held to continue discussions and drafting or redrafting of identified clauses. Updates provided on progress of work groups.
r. 21 April 2026 - EADG meeting held to continue discussions and drafting or redrafting of identified clauses. Updates provided on progress of work groups.
s. 5 May 2026 - EADG meeting held to continue discussions and drafting or redrafting of identified clauses. Updates provided on progress of work groups.
t. 19 May 2026 - EADG meeting held to continue discussions and drafting or redrafting of identified clauses. Updates provided on progress of work groups.
u. 27 May 2026 - EADG meeting held to continue discussions and drafting or redrafting of identified clauses. Updates provided on progress of work groups. Rates of pay discussed following announcement of Award rates.
v. 2 June 2026 - EADG meeting held to continue discussions and drafting or redrafting of identified clauses. Updates provided on progress of work groups. Rates of pay discussed further and agreement reached to adopt Award increases.
w. 16 June 2026 —EADG meeting held to finalise outstanding matters and review draft copy of 2026-2029 Agreement ahead of formal offer being made to Unions. Whole package agreed to in-principle.
x. 17 June 2026 — Formal offer of 2026-2029 Enterprise Agreement sent by Council to the USU, LGEA and depa, requesting written acceptance to follow votes from union members.
y. 18 June to 1 July 2026 — An exhibition period held for staff to review and provide feedback on the Agreement prior to the union members’ vote, including daily ‘drop-in’ sessions for staff to sit with union representatives and members of the EADG to discuss the proposal.
z. 2 July 2026 — Union members’ vote.
15. Council's efforts to ensure all staff were adequately consulted and informed include:
a. An email sent to all staff by the CEO on 7 April 2025, advising of the upcoming commencement of negotiations for Council's next Enterprise Agreement and the intention for this Agreement to explore inclusion of the four-day work week option that had been trialled across Council.
b. A link to the Enterprise Agreement survey was published alongside an article on Council’s internal news site, allowing for staff to give feedback on their priorities for consideration during negotiations.
c. An email sent to all staff by the CEO 5 August 2025 to share a link to the Enterprise Agreement survey.
d. The EADG consisted of representatives from across Council's workforce, with these individuals tasked with representing their work area during the negotiations and being a point of contact for staff within their work area regarding the process of negotiations.
e. Posters were placed around Council’s worksites encouraging staff to email the EADG with any feedback or suggestions throughout the negotiation period.
f. Staff were provided updates after every EADG meeting via Council's internal news site. Staff were invited to speak with their workforce representatives or union if they had any questions. This and Council's overall process encouraged participation from all categories of employees, including non-union members and part-time and casual employees.
g. On 17 June 2026, following in-principle agreement being reached with the unions, an email was sent to all staff providing staff with a copy of the draft enterprise agreement, a summary of the proposed changes and information on the next steps in the process including the exhibition period and staff vote. Staff were invited to attend drop-in sessions to speak with union representatives and members of the EADG to ask questions and provide feedback. The email, with the three attachments are annexed to this affidavit as "Annexure B".”
“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, 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.”
Based on the submissions of the parties of today, the evidence before me and from my own participation in the mutual gains bargaining process, I am satisfied that all of the requirements for the approval of the Proposed Agreement have been met. In particular, I am satisfied that:
The Proposed Agreement identifies the parties to the Proposed Agreement (see cl 1.2);
The Proposed Agreement applies to all employees of Council except for Council’s General Manager as defined by section 338 of the Local Government Act 1993 (NSW) (see cl 1.3);
The Proposed Agreement is for a period of three years (see cl 1.5);
The Proposed Agreement regulates totally the terms and conditions of employment previously regulated by all Awards and Agreements covering employees of Council (see cl 2.1);
The Proposed 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 Proposed Agreement. In this respect, I have relied upon the Comparison and Compliance Statement attached to the affidavit of Sarah Chessor and Gabriela Paz Guzman, in accordance with rule 6.9 of the Industrial Relations Commission Rules 2022.
The Proposed Agreement contains a dispute resolution process (see cl 71).
Accordingly, I make the following orders:
The Lake Macquarie City Council Enterprise Agreement 2026-2029, filed on 8 July 2026, is approved in accordance with s 35 of the Industrial Relations Act 1996 (NSW) and will operate from the beginning of the first pay period following 14 July 2026 and will remain in force for a period of three years.
The Lake Macquarie City Council Enterprise Agreement 2023 (EA24/05) is rescinded, pursuant to s 44 of the Industrial Relations Act 1996 (NSW).
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