Murray Irrigation Enterprise Agreement 2001 [2003] NSWIRComm 24

Industrial Relations Commission of New South Wales

CITATION : Murray Irrigation Enterprise Agreement 2001 [2003] NSWIRComm 24 APPLICANT: PARTIES : Murray Irrigation Limited RESPONDENT: Seven employees FILE NUMBER: 6562 of 2002 CORAM: Sams DP Stand down of employees - s126 of the Act - irrigation work in country New South Wales - severe drought - alternative to redundancy - consultation with employees - agreement reached for four day week - orders sought. CATCHWORDS : Held, application granted - unprecedented drought conditions - orders appropriate in the public interest - consent of employees and union relevant - orders made. LEGISLATION CITED : Industrial Relations Act 1996 CASES CITED : Murray Irrigation Enterprise Agreement 2001. HEARING DATES: 11/22/2002 DATE OF JUDGMENT: 11/22/2002

APPLICANT: Ms S McKinnon (agent) IR Australia LEGAL REPRESENTATIVES: RESPONDENT: No appearance

JUDGMENT: - 7 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM : SAMS, DP 12 February 2002 Matter No. IRC02/6562 MURRAY IRRIGATION ENTERPRISE AGREEMENT 2001 Application by Murray Irrigation Limited for stand down orders pursuant to section 126 of the Industrial Relations Act 1996.

REASONS FOR DECISION [2003] NSWIRComm 24

1 This application, pursuant to s126 of the Industrial Relations Act 1996 ("the Act") arises as a direct consequence of the very serious drought being experienced throughout New South Wales and much of Australia. Murray Irrigation Limited ("the applicant") is an irrigation operator. For some months it has been experiencing severe difficulties in providing full time work for its employees due to chronic and unprecedented shortages of water - its lowest levels in over a century.