Macquarie Generation v Labor Council of New South Wales [2005] NSWIRComm 327

Industrial Relations Commission of New South Wales

CITATION: Macquarie Generation v Labor Council of New South Wales [2005] NSWIRComm 327

Macquarie Generation PARTIES: Labor Council of New South Wales Construction, Forestry, Mining and Energy Union (NSW Branch)

FILE NUMBER(S): IRC 4251 of 2002; IRC 3097 of 2004

CORAM: Harrison DP

Notification under s 130 of a dispute re award negotiations and failure to comply with clauses of award, skills development program - structural efficiency principle - salary levels for power workers and tradespersons - classification flexibility - alleged failure to consult - failure to obtain agreement - failure to undertake salary review for additional skills - recommendations sought. CATCHWORDS: Held - award not breached - additional skills acquired and work across classifications consistent with skills development program and general wage increases pursuant to structural efficiency principle - recommendations sought refused - scope for parties to confer on salary levels - recommendation that employer proposal of one salary point increase available on demonstration of superior performance be acccepted.

LEGISLATION CITED: Industrial Relations Act 1996

Goodlet v Electricity Commission of New South Wales (CIM 96/0269) Zoological Parks Board of New South Wales and The Australian Workers' Union, New South Wales (2004) 135 IR 56 Construction, Forestry, Mining and Energy Union (NSW Branch) and Delta Electricity [2003] NSWIRComm 135 Eraring Energy and Construction, Forestry, Mining and Energy Union (NSW Branch) [2005] NSWIRComm 13 Australian Workers' Union v Pasminco Australia Limited & Ors [2003] NSWIRComm 365 CASES CITED: 1991 State Wage Case (1991) 36 IR 362 1992 State Wage Case (1992) 41 IR 239 1993 State Wage Case (1994) 52 IR 157 1994 State Wage Case (1994) 57 IR 1 2004 State Wage Case (2004) 132 IR 190