Notification under s130 by Australian Services Union of NSW of a dispute with Sydney Water re the direct appointment of an employee without their consent [2000] NSWIRComm 64

Industrial Relations Commission of New South Wales

CITATION : Notification under s130 by Australian Services Union of NSW of a dispute with Sydney Water re the direct appointment of an employee without their consent [2000] NSWIRComm 64 NOTIFIER: PARTIES : Australian Services Union of NSW RESPONDENT: Sydney Water Corporation FILE NUMBER: IRC155 of 2000 CORAM: Kavanagh J CATCHWORDS : Section 130 Dispute arbitration - Award provision not complied with in determining position to be made redundant by employer authority - agreed procedures with union for voluntary redundancies and the placing of redeployees into substantive positions breached - State guidelines for voluntary redundancies and the rights of redeployees breached LEGISLATION CITED : Industrial Relations Act 1996 s130 HEARING DATES: 02/24/2000; 02/25/2000; 04/06/2000 DATE OF JUDGMENT: 05/05/2000

NOTIFIER: Mr John Tierney, Assistant Secretary Australian Services Union ( NSW & ACT) RESPONDENT: LEGAL REPRESENTATIVES: Mr P.M. Kite SC SOLICITORS: Ms J. Patterson MINTER ELLISON

JUDGMENT: - 11 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: KAVANAGH J

Date: Friday 5 May 2000

IRC155 of 2000 NOTIFICATION UNDER S130 BY AUSTRALIAN SERVICES UNION OF NSW OF A DISPUTE WITH SYDNEY WATER RE THE DIRECT APPOINTMENT OF AN EMPLOYEE WITHOUT THEIR CONSENT