Reckitt Benckiser (Household) Pty Ltd and Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch and others [2006] NSWIRComm 41

Industrial Relations Commission of New South Wales

CITATION: Reckitt Benckiser (Household) Pty Ltd and Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch and others [2006] NSWIRComm 41

NOTIFIER Reckitt Benckiser (Household) Pty Ltd PARTIES: RESPONDENTS Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch Australian Workers' Union, New South Wales Branch Electrical Trades Union, New South Wales Branch

FILE NUMBER(S): IRC4991 of 2005

CORAM: Sams DP

Industrial dispute - maintenance employees on day shift - operational requirements to more evenly balance maintenance work across day and afternoon shifts - proposal to move employees to afternoon shift - long service of employees on day shift - provisions of the Award and Enterprise Agreement - volunteers sought - no volunteers - management prerogative - Company to direct day shift employees to afternoon shift - Unions maintain Company has no right to direct employees - dispute referred to conciliation - various rosters considered and rejected - conciliation unsuccessful - matter remitted to another member of the Commission - Company seeks discrete award to permit shift changes - interpretation of industrial instruments - no extra claim commitment - Special Case considerations - matter remitted to single member - principles of management prerogative . CATCHWORDS: Held, need for change in operational requirements not contested - evidence not seriously disputed - whether award necessary - management prerogative outweighed by other factors - unreasonable to expect long serving day shift employees to transfer to afternoon shift - personal inconvenience and family disruption obvious - award application refused - proposal barred by no extra claim commitment - unnecessary to consider Special Case matters - dispute proceedings determined.