Notification under section 130 by Sydney Water Corporation of a dispute with the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch re: threatened restrictions. [2005] NSWIRComm 1120

Industrial Relations Commission of New South Wales

CITATION: Notification under section 130 by Sydney Water Corporation of a dispute with the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch re: threatened restrictions. [2005] NSWIRComm 1120

Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch PARTIES: Sydney Water Corporation

FILE NUMBER(S): 2170 of 2004

CORAM: Bishop C

Industrial Dispute - Orders sought by Union increasing manning levels - Stand-by fitter position - Safety issues raised - Isolated sites - Second fitter usually called out - Time spent waiting - Cost factors - Intervention in managerial function. CATCHWORDS: Held - Appropriate safety procedures, training in place - Additional measures identified to overcome isolation issue - Impossibility to eliminate unforseen risks - Sufficient safety procedures - Insufficient reason to intervene in management decision - Application for Orders dismissed.

Industrial Relations Act 1996 LEGISLATION CITED: Occupational Health and Safety Act 1983

Ambulance Service of New South Wales and Broken Hill Town Employees' Union [2004] NSWIRComm 73 (31 March 2004) at 11 and 13 Australian Workers Union v Caltex Refining Co [1990] NSWIRComm 6 (3 December 1990) BHP (AIS) Pty Limited v the Australian Workers' Union, New South Wales [2004] NSWIRComm 1053 (3 October 2003) BHP Steel (JLA) v Australian Workers Union, NSW Branch [2003] NSWIRComm 189 (3 July 2003) BHP (AIS) Pty Ltd v Australian Workers Union re: Restructure Slab Castor Section [2003] NSWIRComm 1052 at 8 Department of Water Resources v Australian Workers Union, New South Wales Branch [1992] 43 IR 76 at 80 Federated Eng Drivers & Firemens Assoc and Electricity Commission [1994] NSWIRComm 1 (14 January 1994) at 371 In re Dispute Between the Federated Engine Drivers and Firemen's Association of Australasia (Coast District) and the Broken Hill Pty Company Ltd (Re Appointment of Driver of Soaking Pit Crane) [1950] IR 371 CASES CITED: In re Iron and Steel Works Employees (Australian Iron and Steel Limited - Port Kembla) Award [1955] IR 663 at 665 In re Steel Works Employees and Engine Drivers, &c. (Australian Iron and Steel Limited - Port Kembla) Awards [1956] AR 855 at 859 and 860 John Lysaght (Australia) Ltd v Automotive Metals and Engineering Union and Anor [1994] NSWIRComm 31 (7 April 1994) John Lysaght (Australia) Ltd - Port Kembla - Slit Recoil Line Award [1994] NSWIRComm 18 (21 March 1994) at 99 John Lysaght (Australia) Ltd - Port Kembla - Slit Recoil - Pay Award [1993] NSWIRComm 99 (15 December 1993) OneSteel Manufacturing Pty Ltd and Australian Worker's Union, New South Wales re manufacturing strategy and trial procedures [2003] NSWIRComm 198 (20 June 2003) Re Cram, Ex parte NSW Colliery Proprietors' Association Ltd [1987] CLR 117 F.C. 87/030