Australian Workers' Union, New South Wales (Technical, Administrative, Professional and Staff Branch) and Skilltech Consulting Services Pty Ltd [2006] NSWIRComm 148

Industrial Relations Commission of New South Wales

CITATION: Australian Workers' Union, New South Wales (Technical, Administrative, Professional and Staff Branch) and Skilltech Consulting Services Pty Ltd [2006] NSWIRComm 148

NOTIFIER Australian Workers' Union, New South Wales (Technical, Administrative, Professional and Staff Branch) PARTIES: RESPONDENT Skilltech Consulting Services Pty Ltd

FILE NUMBER(S): 6315 of 2005

CORAM: Sams DP

Industrial dispute - compulsory conferences - Union's right of entry - access to time and wages records and any other relevant documents - meter readers - State award coverage - allegations of breach of State award - employees covered by Federal AWAs - impact of Workplace Relations Act (Cth) - s298 of State Act - relevant employees - lacuna in coverage of AWA - possible breach of Award. CATCHWORDS: Held, AWA does not operate to exclude a Union's right to investigate a suspected breach of industrial laws or industrial instrument - rights of authorised officers not rights of employees - AWA cannot exclude other rights - relevance of CFMEU v Newcrest decision - insufficient material to be satisfied no breach exists - not enough to produce AWA receipts from Office of Employment Advocate or template document - unnecessary to determine whether lacuna exists in coverage - Union's case substantially made out - orders appropriate - orders made requiring access to time and wages records and other relevant documents.

Industrial Relations Act 1996 LEGISLATION CITED: Workplace Relations Act 1996 (Cth) AWARD Meter Readers and Field Officers (State) Award 353 IG 522