Construction, Forestry, Mining and Energy Union (NSW Branch) v Eraring Energy re breach of award [2004] NSWIRComm 178

Industrial Relations Commission of New South Wales

CITATION : Construction, Forestry, Mining and Energy Union (NSW Branch) v Eraring Energy re breach of award [2004] NSWIRComm 178 NOTIFIER PARTIES : Construction, Forestry, Mining and Energy Union (NSW Branch) RESPONDENT Eraring Energy FILE NUMBER: IRC 985 of 2003 CORAM: Harrison DP CATCHWORDS : Notification pursuant to s130 of the Industrial Relations Act 1996 - S 379 Small Claim in other proceedings - Application of local agreement on production group skills development, career path and remuneration program - disputes procedure obligation to consult - Interpretation of shiftwork and acting in higher grade provisions of Eraring Energy Consent Award - Distinction between Acting Operator and appointed Operator - Cost neutrality. Held - Acting Operator different classification to appointed Operator - Local agreement requires negotiation to alter agreement 12 hour shift provisions of award - Applies to appointed Operators only - Cost neutrality not defined - Acting Operators to be paid in accordance with general shiftwork provisions of award - underpayment of wages - recovery of underpayment ordered. LEGISLATION CITED : Industrial Relations Act 1991 Industrial Relations Act 1996 Quinn V Jack Chia (Australia) Ltd (1991) 43 IR 91 CASES CITED : The Electricity Commission of New South Wales trading as Pacific Power and Electrical Trades Union of Australia, New South Wales Branch (IRC 2988 of 1994, Peterson, Schmidt JJ, McKenna C, 22 June 1995 unreported) Health and Building Surveyors Association of NSW v Gosford City Council (1993) 49 IR 197 HEARING DATES: 02/26/2004; 03/25/2004 DATE OF JUDGMENT: 06/28/2004