Local Government (State) Award 1997 - Application by the Federated Municipal and Shire Council Employees' Union of Australia, New South Wales Division for variation re Clause 11 Use of Skills & or matters [2000] NSWIRComm 108

Industrial Relations Commission of New South Wales

CITATION : Local Government (State) Award 1997 - Application by the Federated Municipal and Shire Council Employees' Union of Australia, New South Wales Division for variation re Clause 11 Use of Skills & or matters [2000] NSWIRComm 108 APPLICANTS: Federated Municipal and Shire Council Employees' Union of Australia, New South Wales Division PARTIES : Local Government Engineers Association of New South Wales

RESPONDENTS: Local Government and Shires Associations of New South Wales FILE NUMBER: 5445 of 1998 CORAM: Schmidt J Award - variation of clause 11 of the Local Government (State) Award 1997 - allowance sought for community language skills and first aid work - operation of existing clause deficient - case made out under s17 of the Industrial Relations Act 1996 - variation to insert clause 11 in clause 33 of the award - variation to clause 11 and Schedule B of the award - saving provision CATCHWORDS : Wage fixation - Work Value and Allowance principles - work performed on a regular or occasional basis - payment through salary system - allowance fixed - absorption Industrial Relations Act 1996 LEGISLATION CITED : Local Government Act 1993 Local Government (General) amendment (Community and Social Plans) Regulation 1998 Occupational Health and Safety (First Aid) Regulation 1989 HEARING DATES: 03/13/2000; 03/14/2000; 03/15/2000; 03/16/2000; 04/12/2000 DATE OF JUDGMENT: 06/23/2000

APPLICANTS: Mr B Kruse Federated Municipal and Shire Council Employees' Union of Australia, New South Wales Division