Blacktown City Council v United Services Union [2023] NSWIRComm 1124

Industrial Relations Commission New South Wales Medium Neutral Citation: Blacktown City Council v United Services Union [2023] NSWIRComm 1124 Hearing dates: 19 December 2023 Date of orders: 19 December 2023 Decision date: 19 December 2023 Jurisdiction: Industrial Relations Commission Before: Commissioner O'Sullivan Decision: The Industrial Relations Commission of New South Wales makes the following dispute orders under section 137(1)(a) of the Industrial Relations Act 1996 (NSW): 1. The United Services Union (USU), its officers, employees, agents and its members employed in Blacktown City Council's (Council) Waste Services Section (Relevant Members) must immediately cease organising and refrain from taking industrial action in regard to this specific matter. 2. The USU, its officers, employees, agents and its members must not induce, advise, authorise, support, encourage, direct, aid or abet Relevant Members to organise or take industrial action contrary to order 1. 3. These orders take effect immediately and remain in force until midnight on 25 December 2023 or until further order of this Commission. The Commission makes the following directions under section 136(1)(a) of the Industrial Relations Act 1996 (NSW): 1. The USU must, by no later than 5.30pm on 20 December 2023, hold a meeting with Relevant Members to inform them of these orders. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Industrial disputes –Dispute orders Legislation Cited: Industrial Relations Act 1996 (NSW) Cases Cited: BlueScope Steel and Australian Workers' Union [2005] 130 IR 324 Fire & Rescue NSW on behalf of the Department of Premier and Cabinet v Fire Brigade Employees' Union of New South Wales (2013) 235 IR 261 Health Secretary in respect of NSW Ambulance v Health Services Union NSW [2023] NSWIRComm 1069 Ministry of Health v The New South Wales Nurses and Midwives Association (2022) NSWSC 1178 New South Wales Department of Education v New South Wales Teachers Federation (2010) 194 IR 340 [2010] NSWIRComm 55 Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Industrial Relations Secretary, on behalf of the NSW Rural Fire Service [2023] NSWIRComm 1052 Secretary Department of Education v Australian Education Union of New South Wales Teachers Federation Branch [2022] NSWIRComm 1051 Secretary of the Ministry of Health v Australian Paramedics Association (NSW) [2022] NSWSC 1431 Secretary of the Ministry of Health v The New South Wales Nurses and Midwives' Association [2022] NSWSC 1178 Category: Principal judgment Parties: Blacktown City Council (Notifier) United Services Union NSW (Respondent) Representation: Mr R Hassall (Notifier) Mr B O'Kell (Respondent) File Number(s): 2023/453754 Publication restriction: Nil