New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union v Council of the City of Sydney [2024] NSWIRComm 1006

Industrial Relations Commission New South Wales Medium Neutral Citation: New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union v Council of the City of Sydney [2024] NSWIRComm 1006 Hearing dates: Determined on the papers. Date of orders: 21 February 2024 Decision date: 21 February 2024 Jurisdiction: Industrial Relations Commission Before: Commissioner Muir Decision: The Commission recommends that: (1) for any public holidays prior to 1 July 2022, in the relevant circumstances the respondent pays the allowances in accordance with previous arrangements; and (2) that backpay should be calculated accordingly. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW — Awards — Interpretation EMPLOYMENT AND INDUSTRIAL LAW — Industrial disputes — Relief EMPLOYMENT AND INDUSTRIAL LAW — Industrial Relations Commission — Procedure and powers — Arbitration EMPLOYMENT AND INDUSTRIAL LAW — Contract — Terms — Implied terms Legislation Cited: Industrial Relations Act 1996 City of Sydney Wages/Salary Award 2017 Cases Cited: Con-Stan Industries of Australia Pty Ltd v Norwich Winterthur Insurance Australia Ltd (1986) 160 CLR 226 Davidson v Commissioner of Police (No 3) [2022] NSWIRComm 1102 Local Government Engineers' Association of New South Wales v MidCoast Council (No 2) [2022] NSWIRComm 1069 Category: Principal judgment Parties: New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union (Notifier) Council of the City of Sydney (Respondent) Representation: Nil File Number(s): 2023/93765 Publication restriction: Nil