Queanbeyan-Palerang Regional Council and Water Industry Enterprise Agreement 2025- 2028 [2026] NSWIRComm 1003 (19 January 2026)

1. The matter first came before me as an industrial dispute in matter no. 341670 of 2025 (the dispute proceedings). The dispute proceedings concerned the correct rate of the sewer choke allowance payable to the applicable employees.
2. After a number of conciliation conferences and appearances in the Commission, the parties agreed that an additional allowance of $30 per week would be paid as ordinary pay to resolve the dispute proceedings.
3. A further issue arose during the course of the dispute proceedings. At that time, the parties were operating on the basis that the employees were covered by a council agreement made pursuant to cl 44 of the Local Government (State) Award 2023 (the Award).
4. During the dispute proceedings, I identified that cl 44 of the Award does not permit the rolling in of certain allowances that had been included in the council agreement.
5. To remedy the inconsistency with the Award, the parties agreed to enter into an enterprise agreement to regularise the employment arrangements in respect of those particular employees.

1. The proposed Agreement will apply to all persons employed by the Council in the classification of water industry operators. This includes senior water industry operators employed in the schemes, networks and treatment area referred to in cl 4.
2. The parties were represented in the hearing of this application by Mr Geddes from the USU and Mr Lopez from Local Government NSW (LGNSW) on behalf of the Council.
3. In support of the application, the applicant relied upon:

(1) a copy of the Agreement; and

(2) an affidavit of Mr Rudi Oppitz, Regional Organiser, sworn on 1 December 2025.

1. In support of the application the respondent relied upon:

(1) an affidavit of Ms Rebecca Ryan, General Manager of the Council, sworn on 5 December 2025.

1. It is unnecessary to set out the terms and conditions of the Agreement in detail, given the circumstances in which the approval application comes before me and the matters to which I have already referred.
2. I have had regard to the matters deposed to in the affidavits. I have also considered the oral evidence of Ms Ryan and Mr Oppitz given during the hearing, together with the submissions of Mr Geddes and Mr Lopez addressing the matters I raised.
3. The requirements for approval of an enterprise agreement are set out in Division 2 of Part 2 of Chapter 2 of the Act, Rule 6.9 of the Industrial Relations Commission Rules 2022 (the Rules) and the Principles for approval of enterprise agreements as reviewed by the Full Bench in Review of the Principles for Approval of Enterprise Agreements 2021/2022 [2022] NSWIRComm 1005 (the Principles).
4. Having regard to the evidence and the submissions of the parties, I am satisfied that, in accordance with s 35 of the Act and the Principles, the Agreement complies with all relevant statutory requirements, including those in the Act (including s 146) and the Anti‑Discrimination Act 1977 (NSW) (Anti‑Discrimination Act). In satisfaction of those requirements, I am satisfied that:

(1) In relation to the principles of the Anti‑Discrimination Act, the evidence of Mr Oppitz (paras 11-12) and Ms Ryan (paras 27-30) confirms that the terms and conditions do not differ on the basis of gender, and that the parties remain committed to the object of preventing and eliminating discrimination in the workplace (cl 7 of the Agreement).

(2) The Agreement has been genuinely agreed by the parties and was not entered into under duress. In this respect, I have had regard to the evidence of Ms Ryan at [15-20] and Mr Oppitz at [7], who deposed that the members of the USU covered by the Agreement supported it and voted unanimously in favour of its acceptance.

(3) The parties understood the effect of the Agreement. No party appeared to oppose the approval of the Agreement, nor has any party otherwise advised the Commission that the Agreement ought not be approved.

(4) The Agreement does not, on balance, result in any net detriment to employees when compared with the aggregate package of conditions provided under the Award. In this respect, I note the evidence of Mr Oppitz at [9], who deposed that the allowances rolled into the ordinary rate of pay are equal to the allowances if paid weekly and exceed the amounts previously paid to most staff for allowances paid on a per instance basis.

(5) The conditions and rates of pay under the Agreement, which incorporate all applicable allowances into the ordinary rate of pay except for the on call and first aid allowances and include a "market premium allowance" of $4.30 per day for each day an employee is on call, provide for rates of pay significantly higher than those in the Award. In this regard, I also note the evidence of Mr Oppitz at [10], who deposed that the structure of the Agreement not only ensures remuneration is at least equal to but exceeds, that payable under the applicable Award.

(6) The Agreement applies many of the provisions of the Award.

1. The Agreement does not apply to all employees of the Council. I am satisfied, on the evidence of Mr Oppitz at [8] and Ms Ryan at [4], that the water industry operators employed within the water and wastewater division of the Council covered by the Agreement constitute an operationally distinct unit within its operations. In those circumstances, and consistently with s 35(2) of the Act, I am satisfied that limiting the Agreement to those employees does not give rise to any unfairness.
2. One further matter requires attention. The copy of the proposed Agreement (Annexure A to the application) contained some minor typographical errors that I identified during the hearing. In response, the parties made handwritten amendments at my invitation, and I marked the corrected version of the Agreement as Exhibit C. I am satisfied that the errors were formal in nature and do not affect the substance of the Agreement.

(1) The Queanbeyan‑Palerang Regional Council and Water Industry Operators Enterprise Agreement 2025-2028, in the corrected form marked as Exhibit C, is approved in accordance with s 35 of the Act. The Agreement will apply in accordance with cl 5 of the Agreement from the first full pay period after 19 January 2026, being the date of approval of the Agreement, and will operate for a period of three years.

(2) The Industrial Registrar is directed to enter the Agreement, in the corrected form marked as Exhibit C, in the Register of Approved Enterprise Agreements.

(3) The applicant is directed to file an amended copy of the enterprise agreement within 21 days of the date of this order in the terms as set out in Exhibit C.

Note: Following the issuing of the ex tempore decision, the parties filed a corrected version of the Enterprise Agreement in the terms set out in Exhibit C.

30 January 2026 - 1. Amended Respondent name on cover sheet to Queanbeyan-Palerang Regional Council.