Australian Services Union of New South Wales -v- Sydney Water Corporation [2004] NSWIRComm 294

Industrial Relations Commission of New South Wales

CITATION : Australian Services Union of New South Wales -v- Sydney Water Corporation [2004] NSWIRComm 294 PARTIES : Australian Services Union, New South Wales Branch Sydney Water Corporation FILE NUMBER: 2196 of 2004 CORAM: Grayson DP CATCHWORDS : Industrial dispute - Restructuring of employer business - Creation of new positions - Significant similarity to previous positions - Changes of emphasis and methodology rather than substance - Employer's right to test labour market to be balanced against employees' rights to be treated with fairness and justice - Discretion to directly appoint rather than conduct competitive selection process - Issue not as to existence of discretion to directly appoint but rather the manner of its exercise - Nature of releif sought - Scope of operation of power to make orders under s 136 and s 137 of Industrial Relations Act 1996 - Held, on the evidence, positions significantly similar to previous positions - Conditions precedent to exercise of disccretion to make direct appointments established - Union application granted - Direct appointments ordered LEGISLATION CITED : Industrial Relations Act 1996 Wilson v Department of Education and Training (2000) 100 IR 1 CASES CITED : Nowra Coaches Case (IRC 6159 of 2002, 25 July 2001 unreported) Australian Liquor Hospitality and Miscellaneous Workers Union, Liquor and Hospitality Division, New South Wales Branch v Parramatta Leagues Club Ltd [2002] NSWIRComm 28 HEARING DATES: 07/09/2004; 09/13/2004; 09/27/2004; 09/28/2004 DATE OF JUDGMENT: 10/22/2004