(i) Notification under s130 by Kellogg (Aust) Pty Ltd of a dispute with the National Union of Workers, New South re alleged breach of Award. (ii) Application by National Union of Workers, New South Wales Branch for declaratory relief under s154 of the Industrial Relations Act 1996. (iii) Application by the National Union of Workers, New South Wales Branch for variation re casual labour. [2003] NSWIRComm 167

Industrial Relations Commission of New South Wales

CITATION : (i) Notification under s130 by Kellogg (Aust) Pty Ltd of a dispute with the National Union of Workers, New South re alleged breach of Award. (ii) Application by National Union of Workers, New South Wales Branch for declaratory relief under s154 of the Industrial Relations Act 1996. (iii) Application by the National Union of Workers, New South Wales Branch for variation re casual labour. [2003] NSWIRComm 167 MATTER NO. IRC 2253/2002 APPLICANT: Kellogg (Aust) Pty Ltd RESPONDENT: National Union of Workers, New South Wales Branch PARTIES : MATTER NO.'S IRC 3294/2002 & IRC 5357/2002 APPLICANT: National Union of Workers, New South Wales Branch RESPONDENT: Kellogg (Aust) Pty Ltd FILE NUMBER: IRC 2253 of 2002, IRC 3294 of 2002, IRC 5357 of 2002 CORAM: Staunton J CATCHWORDS : Industrial dispute re alleged breach of Award - threatened industrial action - application for variation of Consent Award during its nominal term - scope and operation of Consent Award - Special Case considerations - circumstances considered for variation of an Award - public interest and substantial reason - application to vary would extend the scope and operation of Consent Award to employees and employers not currently a party - application to vary Consent Award refused - proposal to make new Award for discrete area of Company operations - further submissions invited - costs reserved LEGISLATION CITED : Industrial Relations Act 1996 Commonwealth Workplace Relations Act 1996. State Wage Case 2002: Wage Fixing Principles Re Dispute: NSW Office of the Board of Studies and the NSW Teachers' Federation (unreported, IRC 99/6190, 17 December 1999) Re Hospital Employees Administrative and Clerical (State) Award (1982) 2 IR 123 at 125 CASES CITED : Geo. A. Bond & Company Ltd (in liquidation) v McKenzie (1929) AR (NSW) 498 at 503-504 Bryce v Apperley (1998) 82 IR 488 Kellogg (Australia) Pty Ltd v National Union of Workers (1998) 89 IR 391 O'Sullivan v Farrer (1989) 168 CLR 210 at 216 HEARING DATES: 03/18/2003; 03/19/2003; 03/24/2003 DATE OF JUDGMENT: 05/21/2003