NSW Local Government, Clerical, Administrative, Energy, Airlines & Utilities... [2025] NSWIRComm 1008 | Case summary

On 11 February 2025 the New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union ("USU") notified the Commission of an industrial dispute pursuant to s 130 of the Industrial Relations Act 1996 (NSW) (the "Act").
In the notification the USU sought the assistance of the Commission in negotiation for an enterprise agreement with Cessnock City Council (the "Council").
This dispute was listed for a compulsory conference on 17 February 2025, during which the parties informed the Commission that an in-principle agreement had reached in relation to the terms of an enterprise agreement. The parties then sought that an enterprise agreement be made pursuant to s 34 of the Act in resolution of the dispute.
Orders were made for the filing and serving of materials in support of the making of the enterprise agreement pursuant to s 34 of the Act.
In accordance with the orders made, the following materials were filed in support of the making of the proposed enterprise agreement (the "Agreement"):

I have formed the view, based on the materials listed above, that the application for the Agreement and the Agreement meets the requirements set out under the Act set out in ss 38, 39 and 42.
I am also satisfied that the Agreement meets the principles for approval of enterprise agreements that were set out in the Review of the Principles for Approval of Enterprise Agreements [2022] NSWIRC 1005.
The named parties to the Agreement are the Council, the USU, the LGEA and DEPA. It is intended to replace the Cessnock City Council Enterprise Agreement 2022, of which the nominal term expired on 1 March 2025.
In relation to the issue of no net detriment, Annexure A to the affidavit of Ms Honeyman sets out in quite a detailed fashion the comparison between the Agreement and the Award, which would otherwise apply. I am satisfied 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 Award.
Given the affidavits of each of the parties to the agreement, I accept that the parties understand the effect of the Agreement.
Given the affidavits of each of the parties to the agreement, I accept that the parties did not enter the Agreement under duress.
The Agreement sets out that it replaces the Award in part and also, it sets out the enterprise agreement that it replaces. Additionally, the Agreement clearly identifies the parties to the agreement.
I note that the Agreement was due to commence 1 March 2025 and will continue for a period of three years from that date.
Accordingly, I make the following order:

NSW Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union v Cessnock City Council [2025] NSWIRComm 1008

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