NSW Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union v Sutherland Shire Council [2008] NSWIRComm 1030

Industrial Relations Commission of New South Wales

CITATION: NSW Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union v Sutherland Shire Council [2008] NSWIRComm 1030

APPLICANT PARTIES: NSW Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union RESPONDENT Sutherland Shire Council

FILE NUMBER(S): 3018 of 2006

CORAM: Macdonald C

CATCHWORDS: Section 130 industrial dispute - long serving employee has always worked Monday to Friday only - employer seeks to alter working week to include weekend work - employee opposes change - Decision of 13/07/07 issued by Commission - Held that employer needs consent to change employee's spread of working hours - appeal lodged by employer - prior to appeal being heard, the parties gained knowledge that Decision of Macdonald C of 13/07/07 based on an incorrect document handed up to Commission for interpretation - appeal discontinued and the matter was relisted before Macdonald C for a "re-trial" - correct document (2004 Award, As Varied) provided to Commission - savings provision that required consent of employee to vary the employee's spread of hours no longer in force for 2004 Award - Union's submissions/evidence o/b employee that the employee's spread of hours could not be unilaterally varied considered - Held: employer could, at law, unilaterally vary employee's spread of hours roster.

LEGISLATION CITED: Industrial Relations Act 1996

HEARING DATES: 02/04/08

DATE OF JUDGMENT: 3 June 2008

APPLICANT Mr Barnes M, Solicitor LEGAL REPRESENTATIVES: RESPONDENT Mr Crow R, barrister Mr Williamson B, solicitor