NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: STA NSW v RTBU NSW [2008] NSWIRComm 19
PARTIES: State Transit Authority Division of the Government Service of New South Wales Australian Rail, Tram and Bus Industry Union of Australia, New South Wales Branch
FILE NUMBER(S): IRC 110 of 2007
CORAM: Grayson DP
Industrial dispute - Application for interpretation of industrial instrument - Contextual approach to interpretation - Discussion of principles - Roster principles developed with effiency gains in mind - Independent Pricing and Regulatory Tribunal reports giving rise to need for effiency gains - Line of arbitral authority giving employer the right to manage its operations - Whether and in what circumstances all known work is to be included in Master Roster - Whether employer obliged to fill all vacant shifts or lines of work - Whether fatigue management regime impacts on rostering principles - Fatigue management principles agreed in conciliation - Parties bound by agreement - Industrial instrument contemplates obedience to Road Transport (Safety and Traffic Management) (Driver Fatigue) Regulation [1999] CATCHWORDS: Orders made giving effect to determinations of the Commission
LEGISLATION CITED: Industrial Relations Act 1996 Road Transport (Safety and Traffic Management) (Driver Fatigue) Regulation 1999 (NSW)
Australian Iron and Steel Pty Ltd v Federated Ironworkers Association of Australia, New South Wales Division (No 254 of 1977) BHP Steel (AIS) Pty Ltd - Port Kembla Restructured Ironworker Classification Rates of Pay Award (No IRC 582 of 1996) BlueScope Steel (AIS) Pty Ltd v AWU [2006] NSWIRComm 248 Codelfa Construction Pty Ltd v State Rail Authority of NSW (1982) 149 CLR 337 CASES CITED: Envotec Pty Ltd (t/as Australian Envelopes) v Goldie (2006) 157 IR 395 NTEIU v University of Wollongong [2002] FCA 31 Re Cram; Ex Parte NSW Colliery Proprietors Association Limited (1987) 163 CLR 117 Re John Lysaght (Australia) Limited Port Kembla - Slit Recoil Line (IRC 2374 of 1994, Hungerford, J) Re Steel Works Employees and Engine Drivers, etc (Australian Iron and Steel Limited - Port Kembla) Awards [1956] AR 855 The Australian Rail, Tram and Bus Industry Union, NSW Branch v State Transit Authority [2007] NSWIRComm 162
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