Labour Council of New South Wales v Delta Electricity [2005] NSWIRComm 39

Industrial Relations Commission of New South Wales

CITATION: Labour Council of New South Wales v Delta Electricity [2005] NSWIRComm 39

PARTIES: Labour Council of New South Wales; Construction, Forestry, Mining and Energy Union (NSW Branch); Electrical Trades Union of Australia (NSW Branch); Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, NSW Branch; Australian Institute of Marine and Power Engineers, NSW District: NSW Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union,; Public Service Association and Professional Officers Association Amalgamated Union of NSW; Association of Professional Engineers, Scientists and Managers, Australia (NSW Branch): Australian Workers' Union, NSW; Delta Electricity.

FILE NUMBER(S): IRC 3757 of 2003

CORAM: Harrison DP

Notification under s130 by Labor Council of NSW of a dispute with Delta Electricity and others re proposed outsourcing of Dust and Ash Plant at Wallerawang Power Station - contracting out - application of company policy - consultative agreement and disputes procedure. CATCHWORDS: Held - Company policy not enforceable - consultative agreement not binding - no disadvantage or industrial injustice to employees from contracting out - no basis for intervention - orders sought refused - recommendation made that parties put procedure in place.

Industrial Relations Act 1996 LEGISLATION CITED: Energy Services Corporations Act 1995 Industrial Relations Act 1991

HEARING DATES: 10/06/2004; 10/20/2004

DATE OF JUDGMENT: 03/16/2005

APPLICANT Mr M Thistlethwaite Labor Council of NSW LEGAL REPRESENTATIVES: