Barrier Industrial Council dispute with Broken Hill Chamber of Commerce and Others re Breach of Award and The Construction, Forestry, Mining and Energy Union (New South Wales Branch) dispute with Broken Hill Chamber of Commerce and Others re alleged breach of Award [2002] NSWIRComm 232

Industrial Relations Commission of New South Wales

CITATION : Barrier Industrial Council dispute with Broken Hill Chamber of Commerce and Others re Breach of Award and The Construction, Forestry, Mining and Energy Union (New South Wales Branch) dispute with Broken Hill Chamber of Commerce and Others re alleged breach of Award [2002] NSWIRComm 232 APPLICANT (Matter IRC4102 of 2002) Barrier Industrial Council PARTIES : APPLICANT (Matter IRC5070 of 2002) The Construction, Forestry, Mining and Energy Union (New South Wales Branch) RESPONDENT (both matters) Broken Hill Chamber of Commerce and Others FILE NUMBER: 4102 and 5070 of 2002 CORAM: Sams DP Industrial disputes - State Wage Case increases - incapacity to pay - s170LK agreements under Federal Act - potential for industrial disputation - interim orders sought. CATCHWORDS : Held, real and potentially very serious dispute - Commission's concern for stable industrial relations - power to make interim order - interim order made. LEGISLATION CITED : Industrial Relations Act 1996 Workplace Relations Act 1996 State Wage Case 2002 [2002] NSWIRComm 118 CASES CITED : CSR Limited and Others, AIRC (Dec 2186/95 M Print M5779) Maritime Union of Australia and Others and ASP Ship Management Pty Ltd and Another, AIRC (C2002/3662 and C2002/3801, Melbourne, 4 August 2002) HEARING DATES: 09/05/2002 DATE OF JUDGMENT: 09/06/2002

APPLICANT (Matter IRC4102 of 2002) Mr P Coleman of Counsel APPLICANT (Matter IRC5070 of 2002) Mr A Bukarica LEGAL REPRESENTATIVES: Construction, Forestry, Mining and Energy Union (New South Wales Branch) RESPONDENT Mr C McArdle, Solicitor (with Mr D Klepac)