Local Government Engineers’ Association of New South Wales v MidCoast Council (No 2) [2022] NSWIRComm 1069

Industrial Relations Commission New South Wales Medium Neutral Citation: Local Government Engineers' Association of New South Wales v MidCoast Council (No 2) [2022] NSWIRComm 1069 Hearing dates: 21 June 2022 Date of orders: 23 August 2022 Decision date: 23 August 2022 Jurisdiction: Industrial Relations Commission Before: Commissioner Murphy, Commissioner Sloan and Commissioner Webster Decision: The Appeal is dismissed Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Industrial Relations Commission – Appeals – powers of the Commission on arbitration of industrial disputes – enterprise agreement provided for the Commission to "deal with" a question – whether such a referral "authorises" the Commission to make an order pursuant to s 136(1)(d) of the Industrial Relations Act 1996 – whether the Commission can make a direction under s 136(1)(a) setting terms and conditions of employment – extent to which powers under s 136(1) are alternatives Legislation Cited: Industrial Arbitration Act 1940 Industrial Relations Act 1991 Industrial Relations Act 1996 ss 3, 6, 130, 133, 134, 136, 172, 188, 191, Ch 2, Ch 3, Dictionary Cases Cited: Barrier Industrial Council dispute with Broken Hill Chamber of Commerce and Others re Breach of Award and The Construction, Forestry, Mining and Energy Union (New South Wales Branch) dispute with Broken Hill Chamber of Commerce and Others re alleged breach of Award [2002] NSWIRComm 232 Beck v Commissioner of Police [2016] NSWIRComm 9 Broken Hill Chamber of Commerce and CFMEU (NSW Branch) [2002] NSWIRComm 244 Certain Lloyds Underwriters Subscribing to Contract Number IH00AAQS v Cross [2012] HCA 56 Construction, Forestry, Maritime, Mining and Energy Union & others v Falcon Mining Pty Ltd [2022] FWCFB 93 Construction, Forestry, Maritime, Mining and Energy Union & others v Falcon Mining Pty Ltd [2022] FWCFB 93 Construction, Forestry, Mining and Energy Union (New South Wales Branch) v South Western Sydney Local Health District [2016] NSWIRComm 1047 Fire Brigade Employees' Union of New South Wales (on behalf of Rampling) v Industrial Relations Secretary (Fire & Rescue NSW) (No 2) [2020] NSWIRComm 1060 Health Services Union v Central Coast Local Health District [2013] NSWIRComm 44 Industrial Relations Secretary v Wattie [2017] NSWIRComm 1007 Johnston v Department of Mineral Resources (1997) 73 IR 267 Local Government Engineers Association of New South Wales v MidCoast Council [2021] NSWIRComm 1081 New South Wales Teachers Federation v Department of Education and Training (2003) 121 IR 177; [2003] NSWIRComm 145 NSW Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union v Warringah Council [2015] NSWIRComm 1012 Police Association v NSW Police (No 2) [2005] NSWIRComm 70 Police Association v NSW Police (No 3) [2005] NSWIRComm 243 Public Service Association and Professional Officers Association Amalgamated Union of New South Wales v Roads and Maritime Services [2015] NSWIRComm 16 Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Secretary for Industrial Relations [2018] NSWIRComm 1061 Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Secretary of the Department of Education (COVID-19 Protocols) [2022] NSWIRComm 1063 Public Service Association of NSW o/b Ferns v Fire and Rescue NSW [2018] NSWIRComm 1014 Recorded Media Industry Union of New South Wales v Summit Technology Australia Pty Ltd [2006] NSWIRComm 270 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: Nil Category: Principal judgment Parties: Local Government Engineers' Association of New South Wales (First Appellant) New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (Second Appellant) MidCoast Council (Respondent) Representation: Counsel: L Saunders (First Appellant) A Britt (Respondent) Other: P Marzato, LGEA (First Appellant) N Martin, USU (Second Appellant) R Nassif, LGNSW (Respondent) File Number(s): 2022/17220 Publication restriction: No Decision under appeal Court or tribunal: Industrial Relations Commission of New South Wales Citation: [2021] NSWIRComm 1081 Date of Decision: 25 October 2021 Before: Commissioner Muir File Number(s): 2020/194302