Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch v Delta Electricity [2006] NSWIRComm 154

Industrial Relations Commission of New South Wales

CITATION: Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch v Delta Electricity [2006] NSWIRComm 154

APPLICANT PARTIES: Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch RESPONDENT Delta Electricity

FILE NUMBER(S): IRC 2467 of 2005

CORAM: Harrison DP

CATCHWORDS: Notification under s 130 re request for nine day fortnight - compared to 19 day four week work pattern - 35 hour week in each pattern - longer days worked in nine day fortnight - offer and acceptance of new position - no increase in salary on appointment - higher salary available subject to meeting criteria for advancement - agreement to work 19 day four week pattern by local workplace flexibility agreement under duress - intention to pursue nine day fortnight stated at interivew and acceptance of position - alternative to 19 day four week pattern formally sought during probationary period of employment. Held - local workplace flexibility agreement not valid without union endorsement - local workplace flexibility agreements require genuine negotiation absent in this case - declaration by the employer that the position will be 19 day four week pattern is not negotiation - business case for 19 day month not made out - family responsibilities special consideration - recommendation issued supporting nine day fortnight.

LEGISLATION CITED: Industrial Relations Act 1996

BHP Steel (AIS) Pty Ltd v Federated Ironworkers Association of Australia [1994] NSWIRComm 127 Ambulance Service of NSW v Broken Hill Town Employees Union [2004] NSWIRComm 73 CASES CITED: Reckitt Benckiser (Household) Pty Limited v AMWU [2006] NSWIRComm 41 AWARDS Delta Electricity Employees Award 2003 343 IG 331 Delta Electricity Employees Award 2005 356 IG 81