Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch v New South Wales Roads and Traffic Authority [2007] NSWIRComm 309

Industrial Relations Commission of New South Wales

CITATION: Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch v New South Wales Roads and Traffic Authority [2007] NSWIRComm 309

APPLICANT Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch PARTIES: RESPONDENT New South Wales Roads and Traffic Authority

FILE NUMBER(S): 1156 of 2007

CORAM: Sams DP

Industrial dispute - allegation of harassment of union delegate - private use of mobile phone - requirement to pay for private calls on mobile phone - RTA policies - whether employee aware of policy - warning letters - fact finding interview - direction to pay full amount owed - intervention of Union - negotiated schedule of payments - no agreement as to repayment schedule - whether direction of employer reasonable. CATCHWORDS: Held; what is reasonable cannot be determined in a vacuum - flexibility and patience of RTA management - employment covered by 'suite' of employment instruments - employee aware of policy and obligation to pay for private phone calls - little evidence of extent of financial circumstances - regular overtime - acceptance of employee's evidence of difficulty in paying higher amount - smaller amount not appropriate - new amount proposed - no orders made - liberty to apply.

LEGISLATION CITED: Industrial Relations Act 1996

Antonic and Roads and Traffic Authority [2005] NSWIRComm 344 Australian Telecommunications Commission v Hart (1982) 65 FLR 41 Izdes v LG Bennett & Co Pty Ltd t/a Alba Industries (1995) 61 IR 439 Miller v University of New South Wales (2001) 110 IR 1 CASES CITED: Payne v NSW Roads and Traffic Authority [2007] NSWIRComm 256 Phillips v NSW Roads and Traffic Authority [2007] NSWIRComm 258 R v Darling Island Stevedoring and Lighterage Company Limited; Ex parte Halliday; Ex parte Sullivan (1938) 60 CLR 601 AWARD: Crown Employees (Roads and Traffic Authority of New South Wales - Wages Staff) Award 2005