Federated Municipal and Shire Council Employees' Union of Australia, NSW Division v Newcastle City Council [2000] NSWIRComm 86

Industrial Relations Commission of New South Wales

CITATION : Federated Municipal and Shire Council Employees' Union of Australia, NSW Division v Newcastle City Council [2000] NSWIRComm 86 PARTIES : Federated Municipal and Shire Council Employees' Union of Australia, NSW Division Newcastle City Council FILE NUMBER: IRC 4113 of 1999 CORAM: Harrison DP at 1 CATCHWORDS : Industrial Dispute - progression through salary system - award interpretation - award classification Industrial Relations Act 1996

LEGISLATION CITED : AWARDS Municipal Employees Newcastle (Salaried Division) Award Municipal Employees (Newcastle) Award HEARING DATES: 05/03/2000 DATE OF JUDGMENT: 06/15/2000

APPLICANT Mr Noel Martin Federated Municipal and Shire Council Employees' Union of Australia, NSW Division LEGAL REPRESENTATIVES: RESPONDENT Mr Bill Potocki Local Government Association of NSW

JUDGMENT: - 18 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: HARRISON DP Thursday, 15 June 2000

MATTER NO IRC 4113 OF 1999 Notification under section 130 by Federated Municipal and Shire Council Employees' Union of Australia, New South Wales Division of a dispute with Newcastle City Council re progression through salary system DECISION 1 This matter arises by notification pursuant to section 130 of the Industrial Relations Act 1996 ('the Act'), filed by Federated Municipal and Shire Council Employees' Union of Australia, New South Wales Division ('the Union') on 2 August 1999. 2 The notification advised of a dispute between the Union and Newcastle City Council ('the Council') concerning the progression of a member through the salary system. The matter was subject to compulsory conference proceedings on 1 October 1999 in which it was established that the matter could not be resolved by agreement. 3 The necessary Certificate of Attempted Conciliation was issued with directions that the Union file and serve an outline of case and specific remedy sought; and that, within 21 days of receipt of the Union's documents, the Council file and serve an outline of defence with a statement of grounds and reasons to be relied upon. 4 The matter was stood over, to be relisted on receipt of documents in accordance with Directions. 5 On 6 December 1999 the Union filed an application with the Industrial Registry for Orders pursuant to s.136 of the Act, seeking specific remedy in the following terms: "B. (The MEU) Seeks orders that Newcastle City Council recognise and pay Mrs H Bingham as being Administrative Assistant Grade 3 (class 15) under Municipal Employees Newcastle (Salaried Division) award 1989, paragraph (g) sub-clause 3 of clause 5 Progression and Study Leave.