MEU v EnergyAustralia [2002] NSWIRComm 61

Industrial Relations Commission of New South Wales

CITATION : MEU v EnergyAustralia [2002] NSWIRComm 61 PARTIES : Federated Municipal and Shire Council Employees Union of Australia, NSW Division EnergyAustralia FILE NUMBER: IRC 6483 of 1999 CORAM: Harrison DP CATCHWORDS : Industrial dispute re introduction of merit based salary system - advancement available to supplementary pay points on competency assessment - agreement to retrospective payment not met - competency criteria delayed - management responsibility - retrospective payment determined. LEGISLATION CITED : Industrial Relations Act 1996 HEARING DATES: 06/14/2001; 06/27/2001; 09/10/2001; 03/04/2002 DATE OF JUDGMENT: 04/05/2002

APPLICANT Mr M Neilson

LEGAL REPRESENTATIVES: RESPONDENT Mr J Bell Mr B Grimshaw

JUDGMENT: - 10 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: HARRISON DP Friday, 5 April 2002

Matter No IRC 6483 OF 1999

Notification under section 130 by the Federated Municipal and Shire Council Employees' Union of Australia, NSW Division of a dispute with EnergyAustralia re non-implementation of pay points scheme

DECISION [2002] NSWIRComm 61

1 This matter was notified by the Federated Municipal and Shire Council Employees' Union of Australia, New South Wales Division (MEU) on behalf of 39 members, identified individually in exhibit 9, employed by EnergyAustralia in the Customer Services Division. 2 The issue between the parties is the appropriate date for commencement of a pay increase arising from the application of an agreement between the parties for the introduction of a merit assessment process known within EnergyAustralia as the Supplementary Pay Points (SPP) Scheme. 3 The matter was subject to extensive conciliation and discussions between the parties throughout the year 2000, resulting in the issue of a Certificate of Attempted Conciliation on 13 February 2001 and the issue of directions to bring the matter to hearing. 4 Orders sought by the MEU are specified in Exhibit 10 in the following terms: a Clerical and Administrative Staff in Customer Service shall not be disadvantaged in relation to other Energy Australia staff where the Supplementary Pay Point Scheme has been implemented.