Recorded Media Industry Union of New South Wales v Summit Technology Australia Pty Ltd [2006] NSWIRComm 270

Industrial Relations Commission of New South Wales

CITATION: Recorded Media Industry Union of New South Wales v Summit Technology Australia Pty Ltd [2006] NSWIRComm 270

APPLICANT Recorded Media Industry Union of New South Wales PARTIES: RESPONDENT Summit Technology Australia Pty Ltd

FILE NUMBER(S): 6308 of 2005

CORAM: Sams DP

Notice of motion - industrial dispute - CD manufacturer - bargaining in good faith - failure of conciliation - dispute proceeds to arbitration - application for a new award - Special Case reference - matter referred to single member - challenge to jurisdiction - employer a constitutional corporation - former State award coverage - award covering employees now a Federal Notional Agreement Preserving State Awards - effect of WorkChoices legislation - whether Commission has jurisdiction to make an award - notice under the Judiciary Act 1903 - reasons for employer's failure to negotiate a new agreement - merger of two sites - financial difficulty - whether real reason the effect of WorkChoices - exclusions under s 16(1) of WorkChoices legislation - effect of Regulations under WorkChoices - whether dispute is a preserved matter under Regulations - concessions of Union - new award 'problematic' - obligation to bargain in good faith - effect of failure to bargain in good faith - arbitration powers under s 136 of the Act to direct or recommend. CATCHWORDS: Held; notice under Judiciary Act unnecessary - primacy given to conciliation and arbitration in settlement of industrial disputes - relationship between conciliation and arbitration - objects of the Act - party entitled to seek relief by arbitration after failed conciliation - whether recommendations and directions of the Commission binding and final - employer failed to bargain in good faith - admissions in evidence - real reason for unwillingness to negotiate was effect of WorkChoices - serious doubt as to employer's bona fides - Union's right to persue arbitration of dispute - dispute lodged before commencement of WorkChoices - act or ommission the failure of the employer to bargain in good faith - preserved right retained - exclusion by virtue of Regulations sustained - no lack of jurisdiction - matter to proceed to arbitration - further programming.