New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union and Blue Mountains City Council [2006] NSWIRComm 127

Industrial Relations Commission of New South Wales

CITATION: New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union and Blue Mountains City Council [2006] NSWIRComm 127

NOTIFIER New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union PARTIES: RESPONDENT Blue Mountains City Council

FILE NUMBER(S): 5169 of 2005

CORAM: Sams DP

Industrial dispute - local government employees - review of Council's vehicle fleet requirements - Council decision to terminate vehicle lease back agreements - cost considerations - 12 months notice of termination of agreements - four affected employees - lease back agreements for a number of years - cost savings - alternatives for reducing costs - recruitment and retention - Council's policies - terms of agreement - letters of offer - whether agreements a benefit or a condition of employment - no consultation with affected employees - mutual trust in employment relationship - implied terms in employment contract - award provision - nature of relief sought - application for award and orders CATCHWORDS: Held, no jurisdictional issue raised - new award unnecessary - employees unlikely to have accepted positions knowing vehicles would be withdrawn - award provision not relevant - renewal of agreements little more than administrative exercise - no distinction between benefit and condition of employment - lease back agreements integral component of remuneration package - implied term of the contract of employment - true nature and purpose of relationship cannot be altered - no genuine attempt to consult employees or Union - poor industrial relations practice - orders warranted to preserve the status quo - orders made.