Broken Hill Commerce and Industry Consent Award 2001 [2004] NSWIRComm 200

Industrial Relations Commission of New South Wales

CITATION : Broken Hill Commerce and Industry Consent Award 2001 [2004] NSWIRComm 200 APPLICANT: PARTIES : Broken Hill Chamber of Commerce Inc RESPONDENT: Construction, Forestry, Mining and Energy Union (NSW Branch) FILE NUMBER: 5570 of 2003 CORAM: Sams DP Application to vary award - contractors to Broken Hill mining industry - application to remove 4.5% wage loading and reduce double time for all overtime - economic difficulties in Broken Hill - changed circumstances for employees at the mine site - previous decisions of the Commission - State Wage Case - Special Case Principle - Economic Incapacity Principle - whether sufficient reason to vary award - public interest - evidence of Chamber of Commerce. CATCHWORDS : Held, application must meet Special Case requirements - Economic Incapacity Principle also relevant - lack of direct evidence of affected employers - evidentiary onus not satisfied - Special Case not made out - sufficient reason not established - public interest test not satisfied - Commission's earlier decisions distinguished - application dismissed. LEGISLATION CITED : Industrial Relations Act 1996 Australian Insurance Employees Union, Ex parte Academy Insurance Pty Ltd and others (1988) 78 ALR 466 Crown Employees (New South Wales Fisheries Salaries and Conditions of Employment) Award 2004 [2003] NSWIRComm 405 Elura Mine Enterprise (Consent) Award 2001 [2003] NSWIRComm 218 Iron and Steel Works Employees (Australian Iron and Steel Limited - Port Kembla) and other awards (1945) 44 AR 64 Notification under s.130 by Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch of a dispute with Fillery Antiwear Products & Sandblasting (unreported, Bishop C, IRC1294/98, 13 November 1998) 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 Notification under section 130 by the Construction, Forestry, Mining and Energy Union (New South Wales) of a dispute with the Broken Hill Chamber of Commerce and others re alleged breach of award [2003] NSWIRComm 250 Operational Ambulance Officers (State) Award [2001] NSWIRComm 331 O'Sullivan v Farrer (1989) 168 CLR 210 CASES CITED : Public Hospital Nurses (State) Award [2002] NSWIRComm 100 Re, Broken Hill Commerce and Industry Consent Award (No 2) [2002] NSWIRComm 309 Re Pastoral Industry (State) Award (2000) 104 IR 268 Re Queensland Electricity Commission & Ors, Ex parte Electrical Trades Union of Australia (1987) 21 IR 151 Safety Net Review - Wages May 2004 Print: PR002004 State Wage Case (2003) 121 IR 446 Storeworkers - IGA Distribution [2002] NSWIRComm 156