Hunter Water Australia Employees (State) Award 2000 [2002] NSWIRComm 65

Industrial Relations Commission of New South Wales

CITATION : Hunter Water Australia Employees (State) Award 2000 [2002] NSWIRComm 65 PARTIES : Australian Services Union, NSW & ACT (Services) Branch Hunter Water Australia FILE NUMBER: IRC 3053 of 2000 CORAM: Harrison DP CATCHWORDS : Interlocutory decision - application of s173 LEGISLATION CITED : Industrial Relations Act 1996 CASES CITED : Re Transport Industry Quarried Materials Wages (State) Award (1997) 74 IR296 HEARING DATES: 04/05/2002 DATE OF JUDGMENT: 04/11/2002

APPLICANT Mr R Reitano of Counsel Instructed by Mr R Williams (ASU) LEGAL REPRESENTATIVES: RESPONDENT Mr B Cross of Counsel Instructed by Mr G Moses, Employers First

JUDGMENT: - 3 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: HARRISON DP Thursday, 11 April 2002

MATTER NO IRC 3053 of 2000

HUNTER WATER AUSTRALIA EMPLOYEES (STATE) AWARD 2000 Application by Hunter Water Corporation Employees' Association for a new award INTERLOCUTORY DECISION [2002]NSWIRComm 65 1 The application in this matter was filed on 30 June 2000 by Hunter Water Corporation Employees' Association, now amalgamated with the Australian Services Union, NSW & ACT (Services) Branch('the Union'). 2 The matter was first listed for hearing on 12 July 2000, resulting in arrangements for the parties to confer and report back on 18 August 2000. The parties undertook intermittent discussion and report to the Commission throughout the balance of the year 2000 and 2001 in a schedule of mutual convenience to the parties. The matter moved concurrently with a notification pursuant to s 130 of the Industrial Relations Act 1996 ('the Act'), filed by the union (IRC2000/4746)('the dispute'). 3 The matter was subject to proceedings on 5 April 2002. Mr R Reitano of Counsel appeared on behalf of the Union instructed by Mr R Williams. Mr B Cross of Counsel appeared on behalf of HWA, instructed by Mr G Moses of Employers' First and Ms M Griffin of HWA. 4 The dispute matter is removed to the Commission in Court Session pursuant to an application made by Hunter Water Australia (HWA) in accordance with s 154 of the Act. 5 By correspondence dated 28 February 2002 the union sought listing of this matter, then standing adjourned to allow further discussion between the parties with leave to relist on request. The union made plain in their correspondence that they wished to move this application to arbitration independently and separately from the dispute matter. This correspondence, tendered by Mr Cross (Ex 1), states in part: With respect to the above Application for a new Award, the ASU is of the view that any further conciliation of the matter would be futile.