The Australian Rail, Tram and Bus Industry Union, New South Wales v State Transit Authority [2007] NSWIRComm 162

Industrial Relations Commission of New South Wales

CITATION: The Australian Rail, Tram and Bus Industry Union, New South Wales v State Transit Authority [2007] NSWIRComm 162

APPLICANT PARTIES: The Australian Rail, Tram and Bus Industry Union, New South Wales RESPONDENT State Transit Authority

FILE NUMBER(S): IRC 66 of 2007

CORAM: Harrison DP

CATCHWORDS: Notification under s 130 of industrial dispute re rostering arrangements - Roster principles determined by industrial agreement - interpretation of agreement - revenue protection officers rostered to work public holidays assert agreement gives them right to work. Held - Master roster sets pattern of work, period roster is work required to meet operational needs - roster principles do not restrict consideration of business needs in construction of period roster - process of consultation supported by roster principles does not relieve management of obligation to determine operational requirements - work on public holidays is management prerogative subject to business needs - revenue protection officers should expect to observe public holiday unless required to meet operational requirements.

LEGISLATION CITED: Industrial Relations Act 1996 Transport Administration Act 1988

Re Cram, ex parte New South Wales Colliery Proprietors' Association Ltd (1987) 163 CLR 117 CASES CITED: BHP Steel (AIS) Pty Ltd v Federated Iron Workers Association of Australia [1994] NSWIRComm 127 BHP Steel (AIS) Pty Limited v Federated Ironworkers' Association of Australia, New South Wales Division (IRC94/228, Hungerford J, 7/11/94 unreported),