Seamens' Union of Australia, New South Wales Branch and Anor and Captain Cook Cruises (NSW) Pty Ltd [2005] NSWIRComm 360

Industrial Relations Commission of New South Wales

CITATION: Seamens' Union of Australia, New South Wales Branch and Anor and Captain Cook Cruises (NSW) Pty Ltd [2005] NSWIRComm 360

NOTIFIER Seamens' Union of Australia NSW Branch PARTIES: Australian Maritime Officers' Union NSW Branch RESPONDENT Captain Cook Cruises (NSW) Pty Ltd

FILE NUMBER(S): 3948 of 2004 and 3777 of 2005

CORAM: Sams DP

Industrial disputes - maritime industry - breakdown in enterprise agreement negotiations - preliminary matter - whether an award should be made - existing industry common rule award - motives of the Unions - award making powers of the Commission - legislative provisions - State Wage Case Principles - enterprise arrangements principle - arbitration of claim - competitiveness of employer - Special Case considerations - uncontested evidence.

CATCHWORDS: Held, no jurisdictional impediment to making of an award - little authority on issue - arguments of respondent employer premature - no evidence relating to terms and conditions of proposed award - arguments of employer relevant to whether the Unions have a right to make application for an award and if so, in what terms - proceedings should continue - Special Case referred to President pursuant to Principle 10.

Industrial Relations Act 1996 Occupational Health and Safety Act 2000

LEGISLATION CITED: AWARDS: Marine Charter Vessels (State) Award 332 IG 875 Restaurant &c Employees (State) Award 321 IG 759 Theatrical Employees Recreation and Leisure Industry (State) Award 2000 319 IG 406