New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union v Newcastle City Council [2005] NSWIRComm 364

Industrial Relations Commission of New South Wales

CITATION: New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union v Newcastle City Council [2005] NSWIRComm 364

New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union PARTIES: Newcastle City Council

FILE NUMBER(S): IRC 4384 of 2004

CORAM: Harrison DP

Notification under s 130 of a dispute re shift allowances - Parking Station Attendants - claim for payment of shift allowance as two shift workers - award interpretation - s 175 of the Act CATCHWORDS: Held - not two shift workers - day work with late finish allowance in accordance with award - shift allowance refused

LEGISLATION CITED: Industrial Relations Act 1996

HEARING DATES: 09/29/2005

DATE OF JUDGMENT: 10/20/2005

APPLICANT Mr P Collins USU LEGAL REPRESENTATIVES: RESPONDENT Mr C Radvan Newcastle City Council

JUDGMENT:

- 12 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: HARRISON DP

Thursday, 20 October 2005

Matter No IRC 4384 of 2004

Notification under section 130 by New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union of a dispute with Newcastle City Council re shift allowances - Parking Station Attendants

DECISION

[2005] NSWIRComm 364

1 The notification in this matter, filed by New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (USU) on 27 July 2004, advised of a dispute with Newcastle City Council ("the Council") in the following terms: The Newcastle City Council has failed to pay appropriate shift allowances for Parking Station Attendants to employees working a two-shift roster in accordance with the Newcastle City Council Employees Award. Appendix A - Hours of Work of the Newcastle City Council Employees' Award 2003 clause (xii) covers the arrangement of hours to be worked by Parking Station Employees and the allowances to be paid. The Union contends that the Council have not made payment in accordance with this clause. 2 The matter was subject to compulsory conference proceedings on 30 July 2004 which established that the dispute was not capable of resolution by conciliation. A Certificate of Attempted Conciliation was issued and the matter stood over pending filing of evidence by the USU. 3 The matter was subject to mention on 20 May 2005 at which time directions were issued to bring the matter to hearing, which took place on 29 September 2005. 4 Mr Collins, appearing on behalf of the USU, tendered Draft Orders sought (Ex 2) in the following terms: 1. These proceedings have been initiated by a Dispute Notification pursuant to Section 130 of the Industrial Relations Act (hereafter "Act"). Conciliation has to date failed and the matter is proceeding to Arbitration.