Electrical Trades Union of Australia, New South Wales Branch v Roads and Traffic Authority of New South Wales [2009] NSWIRComm 1085

Industrial Relations Commission of New South Wales

CITATION: Electrical Trades Union of Australia, New South Wales Branch v Roads and Traffic Authority of New South Wales [2009] NSWIRComm 1085

APPLICANT Electrical Trades Union of Australia, New South Wales Branch PARTIES: RESPONDENT Roads and Traffic Authority of New South Wales

FILE NUMBER(S): 1053 of 2009

CORAM: Macdonald C

CATCHWORDS: Dispute notification by Union - Section 130 - dispute concerns the proposed introduction of a night shift roster by the RTA current - practice for any night work is a call-out arrangement - night shift is an award provision - Union and its members oppose introduction - compulsory conference unsuccessful - certificate of attempted conciliation issued - Hearing - Evidence of significant remuneration loss if current call out arrangement ceased by RTA - safety/well-being submission against night shift introduction - work/life balance submission against night shift introduction - Evidence of consent 2008 wage deal for reintroduction of night shift work - Union's case against reintroduction of night shift work not made out - remedy of Direction sought by Union pursuant to section 136(1)(a) not granted by Commission - file closed.

LEGISLATION CITED: Industrial Relations Act 1996

BHP Steel (AIS) Pty Ltd v AWU [2006] NSWIRComm 248 BHP Steel (AIS) Pty Ltd v Federated Iron Workers Association of Australia [1994] NSWIRComm 127 BlueScope Steel Limited and Australian Workers' Union, New South Wales [2008] NSWIRComm 1044 CASES CITED: Re Cram, ex parte New South Wales Colliery Proprietors' Association Ltd (1987) 163 CLR 117 Re Operational Ambulance Officers (State) Award (2001) 113 IR 384 at [164] Re Iron and Steel Works Employees (Australian Iron and Steel Pty Ltd - Port Kembla) Award, BHP Steel (AIS) Pty Ltd....Notification by BHP Steel (AIS) Pty Limited under s204 of the Industrial Relations Act 1991.... (19 February 1997) Reckitt Benckiser (Households) Pty Ltd and Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch and others [2006] NSWIRComm 41