Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales and others v Macquarie Generation [2009] NSWIRComm 29

Industrial Relations Commission of New South Wales

CITATION: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales and others v Macquarie Generation [2009] NSWIRComm 29

NOTIFIERS Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (PSA); Construction, Forestry, Mining and Energy Union (New South Wales Branch) (CFMEU); PARTIES: Unions NSW;

RESPONDENT Macquarie Generation

FILE NUMBER(S): IRC 927 of 2007; IRC 1479 of 2007

CORAM: Harrison DP

Notification under section 130 of industrial dispute - application of enterprise agreement and operational agreements - ban on training of power plant operators for succession planning and operational needs - ban removed - training course commenced - dispute over use of employees trained as operators but not appointed to the position - dispute whether Structural Efficiency Principle applies or whether use of employees in other classifications as operators is work across classifications which requires agreement - whether clause 15, Higher Grade Work and Pay, of enterprise agreement empowers employer to direct qualified employees from other classifications to work as operators as required without agreement. CATCHWORDS: Held - No limit on training - use of qualified employees as operators is work across classifications - agreement is required - agreement must not be unreasonably refused - clause 15 Higher Grade Work and Pay is predominantly about payment - management right to direct subject to obligations to agreement on working across classifications and test of reasonableness. Structural Efficiency Principle replaced by structural efficiency considerations - would only apply if new classfications or positions established. Application of Structural Efficiency Principle is by consultation and agreement. Determination made.