USU v Tamworth Council [2009] NSWIRComm 1008

Industrial Relations Commission of New South Wales

CITATION: USU v Tamworth Council [2009] NSWIRComm 1008

NOTIFIER PARTIES: NSW Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union RESPONDENT Tamworth Regional Council

FILE NUMBER(S): 1932 of 2007

CORAM: Cambridge C

CATCHWORDS: system of payment for on-call roster - higher duties payment claimed - custom and practice - recognition of skills and responsibilities - recommendation made.

LEGISLATION CITED: Industrial Relations Act 1996

HEARING DATES: 4 and 5 November 2008

DATE OF JUDGMENT: 27 February 2009

NOTIFIER Mr N Martin LEGAL REPRESENTATIVES: RESPONDENT Mr A Britt, barrister

DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

COMMISSIONER CAMBRIDGE

27 February 2009

Matter No IRC 1932 of 2007

Notification under section 130 by New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union of a dispute with Tamworth Regional Council and another re alleged failure to pay higher duties on call.

DECISION

[2009] NSWIRComm 1008

1 This Decision arises from proceedings that commenced by notification of an industrial dispute made pursuant to section 130 of the Industrial Relations Act 1996 [NSW], (the Act). The notification of dispute was filed on 16 October 2007, by the New South Wales, Local Government, Clerical, Administrative, Energy, Airlines & Utilities Branch of the Australian Services Union, (the USU). 2 The dispute notification identified that the industrial matter concerned "a) The failure of Tamworth Regional Council to pay higher grade duties whilst on call". The respondent to the proceedings has been identified as the Tamworth Regional Council (the Council). 3 Proceedings in the matter commenced in Tamworth on 20 November 2007. On 20 November 2007, the Commission endeavoured to assist the Parties achieve a conciliated settlement of the matter. There were further attempts to conclude a conciliated settlement of the matter undertaken during various proceedings held in the first half of 2008. Unfortunately the matter remained unresolved and has ultimately been pursued to a Hearing to enable arbitration of the dispute. The Hearing of the arbitration of the matter was conducted in Tamworth on 4 and 5 November 2008.