New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union v Hornsby Shire Council [2020] NSWIRComm 1073

Industrial Relations Commission New South Wales Medium Neutral Citation: New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union v Hornsby Shire Council [2020] NSWIRComm 1073 Hearing dates: 24 June 2020 Date of orders: 26 October 2020 Decision date: 26 October 2020 Jurisdiction: Industrial Relations Commission Before: Commissioner Webster Decision: Application dismissed Catchwords: EMPLOYMENT LAW – industrial dispute – reasonable overtime – regular overtime on weekends – operational needs - personal circumstances – impact on other employees – sufficient notice – no risk to health and safety - overtime not unreasonable Legislation Cited: Industrial Arbitration Act 1940 (NSW) Industrial Relations Act 1996 (NSW) Cases Cited: Amcor Ltd v Construction, Forestry, Mining and Energy Union [2005] HCA 10 City of Wanneroo v Holmes [1989] FCA 369; (1989) 30 IR 362 Director of Public Employment (by her Agent the Commissioner of New South Wales Fire Brigades) v New South Wales Fire Brigades Employees' Union [2008] NSWIRComm 158 George A Bond & Co Ltd (in liq) v McKenzie [1929] AR (NSW) 498 Health Services Union New South Wales v Ambulance Service of New South Wales [2017] NSWIRComm 1057 Kucks v CSR Ltd (1996) 66 IR 182 New South Wales Nurses and Midwives' Association v Health Secretary on behalf of Western NSW Local Health District [2019] NSWIRComm 1025 Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Secretary of the Treasury (2014) 87 NSWLR 41 Re Prison Officers, Department of Corrective Services (1988) 26 IR 266 Secretary of the Department of Transport (in respect of Roads and Maritime Services) v Construction, Forestry, Mining, and Energy Union, New South Wales Branch [2018] NSWIRComm 1038 State Transit Authority of New South Wales v Australian Rail, Tram and Bus Industry Union, New South Wales Branch, Bus and Tram Division [2014] NSWIRComm 41 Texts Cited: Macquarie Online Dictionary Category: Principal judgment Parties: New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (notifier)