Notification under s130 by Snack Brands Australia of a dispute with the National Union of Workers, NSW Branch & Anor re superannuation contributions [2000] NSWIRComm 243

Industrial Relations Commission of New South Wales

CITATION : Notification under s130 by Snack Brands Australia of a dispute with the National Union of Workers, NSW Branch & Anor re superannuation contributions [2000] NSWIRComm 243 NOTIFYER: Snack Brands Australia PARTIES : RESPONDENTS: National Union of Workers, NSW Branch Australian Workers' Union, NSW FILE NUMBER: IRC2996 of 2000 CORAM: Kavanagh J CATCHWORDS : Superannuation contribution withdrawn on notice - enterprise bargain struck - question of implied term of contract - crystallised custom - right of employer to change policy - must be implemented reasonably - not capriciously or unfairly - payment found to be term of present agreement - policy change to be negotiated with new enterprise bargain LEGISLATION CITED : Industrial Relations Act 1996 HEARING DATES: 11/07/2000 DATE OF JUDGMENT: 12/08/2000

Notifyer: Mr John Stanton Australian Business Lawyers Respondents: LEGAL REPRESENTATIVES: Mr Andrew Joseph National Union of Workers, NSW Branch Mr Richard Tripodi Australian Workers' Union, NSW

JUDGMENT: - 9 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: KAVANAGH J

Date: Fri 8 December 2000 IRC2996 of 2000 NOTIFICATION UNDER S130 BY SNACK BRANDS AUSTRALIA OF A DISPUTE WITH NATIONAL UNION OF WORKERS (NSW BRANCH) AND THE AUSTRALIAN WORKERS UNION (NSW BRANCH) RE SUPERANNUATION CONTRIBUTIONS