Mid-Coast Council Superannuation (Grandfathered
Employees) Award 2024
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by The Local Government Engineers' Association of New South Wales, Industrial Organisation of Employees.
(Case No. 171119 of 2023)
|
Before Commissioner Muir
|
15 October 2024
|
AWARD
Clause No. Subject Matter
Part 1
Application and
Operation of this Award
1. Title
2. Area,
Incidence and Duration
3. Definitions
4. Objectives
Part 2
Anti-Discrimination
and Dispute Resolution Procedure
5. Anti-Discrimination
6. Dispute
Resolution Procedure
Part 2
Superannuation
Contributions
7. Superannuation
Contributions
PART 1
APPLICATION AND OPERATION OF THIS AWARD
1. Title
1. This Award is
the Mid-Coast Council Superannuation (Grandfathered Employees) Award 2024
(hereinafter referred to as the "Award").
2. Area, Incidence and
Duration
2.1 The Award shall
apply to Mid-Coast Council at Yalawanyi Ganya, 2 Biripi Way, Taree, New
South Wales, and existing employees who were covered by the Mid-Coast County
Council Enterprise Agreement 2015 immediately prior to 25 May 2019.
2.2 Where the Award
is silent, the Local Government (State) Award 2023 and its successors
shall prevail.
2.3 This Award will
take effect from 15 October 2024 and will remain in force until the end of the
calendar day of 14 October 2027.
2.4 The parties to
the Award are:
·
Mid-Coast Council;
·
the Local Government Engineers’ Association of
New South Wales (the "LGEA");
·
the New South Wales Local Government, Clerical,
Administrative, Energy, Airlines and Utilities Union (the "USU"); and
·
the Electrical Trades Union, New South Wales
Branch (the "ETU").
3. Definitions
In this Award, unless the contrary intention appears:
"2019 Agreement" means the Mid-Coast Council
Water Services Enterprise Agreement 2019 (386 IG 714).
"2022 Agreement" means the Mid-Coast Council
Water Services Enterprise Agreement 2022 (393 IG 320).
"Act" means the Industrial Relations Act 1996
(NSW) as amended.
"Award" means the Mid-Coast Council
Superannuation (Grandfathered Employees) Award 2024.
"Council" means the Mid-Coast Council.
"Employee" means a person employed by Mid-Coast
Council who was covered by the Mid-Coast County Council Enterprise Agreement
2015 immediately prior to the commencement of the 2019 Agreement on 25 May
2019.
"Employer" means Mid-Coast Council.
4. Objectives
4.1 In the 2019
Agreement and again in the 2022 Agreement, the parties to this Award were
unable to reach agreement as to whether Employer superannuation contributions
payable to Employees would be absorbed.
4.2 Clause 33.1(a)
of the 2019 Agreement and Clause 32.1(a) of the 2022 Agreement provide that:
An employee’s entitlement to 15.5% superannuation
shall remain with the employee whilst they remain continuously employed with
Mid-Coast Council. The matter of
absorbability will be dealt with by the NSW Industrial Relations Commission by
way of arbitration.
4.3 This Award
provides for superannuation payments to be made consistent with the decision in
Local Government Engineers’ Association of New South Wales v Mid-Coast
Council (No. 3) [2024] NSWIRComm 1046 at [75]
granting 50% absorption.
PART 2
Anti-Discrimination
and Dispute resolution
5. Anti-Discrimination
5.1 It
is the intention of the parties bound by this award to seek to achieve the
object in section 3(f) of the Industrial Relations Act 1996 to prevent
and eliminate discrimination in the workplace. This includes discrimination on
the grounds of race, sex, marital status, disability, homosexuality,
transgender identity, age and responsibilities as a carer.
5.2 It
follows that in fulfilling their obligations under the dispute resolution
procedure prescribed by this award the parties have obligations to take all
reasonable steps to ensure that the operation of the provisions of this award
are not directly or indirectly discriminatory in their effects. It will be
consistent with the fulfilment of these obligations for the parties to make
application to vary any provision of the award which, by its terms or
operation, has a direct or indirect discriminatory effect.
5.3 Under
the Anti-Discrimination Act 1977, it is unlawful to victimise an
employee because the employee has made or may make or has been involved in a
complaint of unlawful discrimination or harassment.
5.4 Nothing
in this clause is to be taken to affect:
(a) any conduct or act which is specifically exempted from
anti-discrimination legislation;
(b) offering or providing junior rates of pay to persons under 21
years of age;
(c) any act or practice of a body established to propagate
religion which is exempted under section 56(d) of the Anti-Discrimination
Act 1977;
(d) a party to this award from pursuing matters of unlawful
discrimination in any State or federal jurisdiction.
5.5 This
clause does not create legal rights or obligations in addition to those imposed
upon the parties by the legislation referred to in this clause.
NOTES
(a) Employers
and employees may also be subject to Commonwealth anti-discrimination
legislation.
(b) Section
56(d) of the Anti-Discrimination Act 1977 (NSW) provides:
"Nothing in the Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
6. Dispute Resolution
Procedure
6. The provisions
of clause 37 found in the Local Government (State) Award 2023, as varied
or replaced from time to time, shall apply and will be used by the parties to
this Award to resolve any dispute or grievances arising out of the operation of
this Award.
PART 3
SUPERANNUATION CONTRIBUTIONS
7. Superannuation
Contributions
7. The
Employer will make superannuation contributions in respect of each Employee
covered by this Award at the rate of 16.5% for the 2024 - 2025 financial year
and 16.75% from the 2025 - 2026 financial year.
C. MUIR, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.