Electrical Trades Union of Australia, NSW v Energy Australia [2006] NSWIRComm 1050

Industrial Relations Commission of New South Wales

CITATION: Electrical Trades Union of Australia, NSW v Energy Australia [2006] NSWIRComm 1050

NOTIFIER Electrical Trades Union of Australia, New South Wales Branch PARTIES: RESPONDENT Energy Australia

FILE NUMBER(S): 2919 of 2005

CORAM: Stanton C

CATCHWORDS: Industrial dispute - Classification of employees - Area operator - District operator - Redeployment policy - Local workplace flexibility agreements. Held - No grounds for Commission to intervene

LEGISLATION CITED: Industrial Relations Act 1996 Energy Transitional Provisions Regulations 1987

HEARING DATES: 23/02/06

DATE OF JUDGMENT: 03/24/2006

NOTIFIER Mr S Butler Electrical Trades Union of Australia, New South Wales Branch LEGAL REPRESENTATIVES: RESPONDENT Mr B Grimshaw, Solicitor Abbott Tout Lawyers

DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: STANTON C

24 March 2006 Matter No. IRC 2919 of 2005

Notification under section 130 by Electrical Trades Union of Australia, New South Wales of a dispute with Energy Australia re payment of area operator's rates.

DECISION [2006] NSWIRCOMM 1050

The Dispute

1 On 8 June 2005, the Electrical Trades Union of Australia, New South Wales Branch notified a dispute pursuant to section 130 of the Industrial Relations Act 1996 in the following terms: In October 1989 two employees were offered present occupant only status as a result of the decision to close the Gosford control room. The Employees were offered, and then had confirmed in correspondence, that they would receive the pay of an area operator. The area operator's rates have increased by approximately 8% as a result of an agreed review. Energy Australia is now refusing to honour their original deal.