NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION : Macquarie Generation v Construction, Forestry, Mining and Energy Union (NSW Branch) and ors re acting in higher grade [2003] NSWIRComm 10 APPLICANT Macquarie Generation
PARTIES : RESPONDENTS Construction, Forestry, Mining and Energy Union (NSW Branch) Public Service Association of New South Wales Electrical Trades Union of Australia, NSW Branch Australian Insitute of Marine and Power Engineers, NSW District FILE NUMBER: IRC 6496 of 1999, IRC 4164 of 2000 CORAM: Harrison DP CATCHWORDS : Notification under s130 - Industrial dispute - refusal to act in higher grade - additional classification sought by employees - claim withdrawn. Award interpretation necessary to resolve dispute - employees obliged to act in higher grade - test of reasonable and practical requirements to be assessed on individual circumstances - aggregate requirement excessive in circumstances - additional personnel required. LEGISLATION CITED : Industrial Relations Act 1996 HEARING DATES: 05/13/2002; 05/14/2002; 05/15/2002; 05/25/2002; 05/31/2002 DATE OF JUDGMENT: 02/07/2003
APPLICANT Mr J Phillips of Counsel
LEGAL REPRESENTATIVES: RESPONDENT Mr S Turner Public Service Association of NSW
JUDGMENT: - 25 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
CORAM: HARRISON DP Friday, 7 February 2003
Matter No IRC 6496 of 1999
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