Federated Municipal & Shire Council Employees Union, NSW Division v Hastings Shire Council [2001] NSWIRComm 95

Industrial Relations Commission of New South Wales

CITATION : Federated Municipal & Shire Council Employees Union, NSW Division v Hastings Shire Council [2001] NSWIRComm 95 PARTIES : Federated Municipal & Shire Council Employees Union, NSW Division Hastings Shire Council FILE NUMBER: 5726 of 2000 CORAM: Harrison DP at 1 Application for carer's leave CATCHWORDS : Held - Carer's leave be paid - parties confer to establish procedures having regard to sensitive and private nature of issues LEGISLATION CITED : Industrial Relations Act 1996 HEARING DATES: 03/20/2001 DATE OF JUDGMENT: 05/11/2001

Mr N Martin for MEU LEGAL REPRESENTATIVES: Mr G Hanson of Local Government & Shires Association of NSW for Hastings Council

JUDGMENT: - 8 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: HARRISON DP Friday, 11 May 2001 Matter No IRC 5726 of 2000 Notification under section 130 by Federated Municipal and Shire Council Employees' Union of Australia, New South Wales Division of a dispute with Hastings Shire Council re breach of award DECISION 1 This matter arose by notification pursuant to s130 of the Industrial Relations Act 1996 (the Act) by Federated Municipal and Shire Council Employees' Union of Australia, New South Wales Division (MEU) concerning a dispute with Hastings Shire Council ('the Council') in respect to entitlement to carer's leave prescribed by the Local Government (State) Award 2000 ( 316 IG 1116) for two members of the MEU, Mr Michael Waind and Mr Jason Walsh. 2 Compulsory conference proceedings established that the matter could not be resolved by agreement between the parties, resulting in the issue of a certificate of attempted conciliation and directions for arbitration proceedings on 20 March 2001. 3 On arbitration Mr N Martin appeared for the MEU with Mr Blacklock. Mr G Hanson of the Local Government and Shires Association of New South Wales appeared for the Council with Mr Bradshaw and Ms Bryant. 4 Mr Martin brought evidence from Mr Waind and Mr Walsh.