Notification under s130 by Broken Hill Chamber of Commerce Inc. of a dispute with Barrier Industrial Council re Broken Hill Commerce and Industry Consent Award [2002] NSWIRComm 89

Industrial Relations Commission of New South Wales

CITATION : Notification under s130 by Broken Hill Chamber of Commerce Inc. of a dispute with Barrier Industrial Council re Broken Hill Commerce and Industry Consent Award [2002] NSWIRComm 89 NOTIFIER: Broken Hill Chamber of Commerce Inc. RESPONDENTS: Barrier Industrial Council PARTIES : Broken Hill Town Employees Union Construction, Forestry, Mining and Energy Union - Western District Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union Shop, Distributive and Allied Employees' Association INTERVENER: Pasminco Broken Hill Mine Pty Ltd (Administrator Appointed) FILE NUMBER: 596 of 2002 CORAM: Sams DP Industrial dispute - employees working on mine leases - conditions of employment - interpretation of Award provision - s175 of the Act - principles of Award interpretation. CATCHWORDS : Held, matter previously decided by Commission - no reason to revisit findings - Award conditions to apply to hours of work, overtime and shift penalties - lead bonus to be paid - Award variation unnecessary - parties to confer on changed circumstances - proceedings concluded. LEGISLATION CITED : Industrial Relations Act 1996 Broken Hill Commerce and Industry Consent Award (unreported, Sams DP, Matter IRC1503 of 2002, 11 April 2002) Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales v Fillery Antiwear Products and Sandblasting (unreported, Bishop C, Matter IRC1294 OF 1998, 24 February 1999) CASES CITED : The Australian Workers' Union, New South Wales v New South Wales Technical and Further Education [2001] NSWIRComm 25 Kellogg (Aust) Pty Ltd v National Union of Workers, New South Wales Branch, 89 IR 391 Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales v BHP Steel Long Products [2000] NSWIRComm 164 Perilya Broken Hill Mine Enterprise Agreement 2002 [2002] NSWIRComm 82 HEARING DATES: 02/14/2002; 04/11/2002 DATE OF JUDGMENT: 05/09/2002