The Local Government Engineers Association of New South Wales v MidCoast Council [2021] NSWIRComm 1081

Industrial Relations Commission New South Wales Medium Neutral Citation: The Local Government Engineers Association of New South Wales v MidCoast Council [2021] NSWIRComm 1081 Hearing dates: 27 September 2021 Date of orders: 25 October 2021 Decision date: 25 October 2021 Jurisdiction: Industrial Relations Commission Before: Commissioner Muir Decision: Powers of the Commission to arbitrate pursuant to s 136 of the Act in this industrial dispute determined. The Commission: (1) Does not have the power to make an order pursuant to s 136(1)(d) in arbitrating this industrial dispute; (2) Does not have the power to give a direction pursuant to s 136(1)(a) in arbitrating this industrial dispute; and (3) Does have the power to make an award pursuant to s 136(1)(b) in arbitrating this industrial dispute Catchwords: EMPLOYMENT AND INDUSTRIAL LAW — Industrial Relations Commission — Procedure and powers — Conciliation Legislation Cited: Industrial Relations Act 1996 (NSW) s 134(2), s 136(1)(a), (b), (d), s 162, s 175 Cases Cited: Fire Brigade Employees' Union of New South Wales (on behalf of Rampling) v Industrial Relations Secretary (Fire & Rescue NSW) (No 2) [2020] NSWIRComm 1060 New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union v Warringah Council [2015] NSWIRComm 1012 Notification under section 130 by the New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union of a dispute with the Sydney City Council & Ors [2003] NSWIRComm 223 NSW Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union v Marrickville Council [2014] NSWIRComm 1006 NSW Teachers Federation v Department of Education and Training (2003) 121 IR 177; [2003] NSWIRComm 145 Public Service Association and Professional Officers' Association Amalgamated Union of NSW South Wales v Secretary for Industrial Relations [2018] NSWIRComm 1061 Public Service Association of NSW o/b Ferns v Fire and Rescue NSW [2018] NSWIRComm 1014 Category: Procedural rulings Parties: The Local Government Engineers Association of New South Wales (applicant) Electrical Trades Union of Australia, NSW Branch New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union MidCoast Council (respondent) Local Government New South Wales Representation: Counsel: Ms L Saunders (LGEA, ETU and USU) Mr M Nassif (LGNSW and MidCoast Council) File Number(s): 2020/194302 Publication restriction: Nil