New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union v Gosford City Council [2011] NSWIRComm 1026

Industrial Relations Commission New South Wales Medium Neutral Citation: New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union v Gosford City Council [2011] NSWIRComm 1026 Hearing dates: 9, 10 and 17 December 2010 Decision date: 16 June 2011 Jurisdiction: Industrial Relations Commission Before: Bishop C Decision: Application dismissed. Recommendation issued re re-evaluation of position Catchwords: INDUSTRIAL DISPUTE: Grievance raised by employee as to incorrect classification of position under hours provision of relevant award - 35 hour week sought - award history - comparison with 5 other positions - orders sought HELD - award history relevant - significant structural change in award history also relevant - major and substantial test applied to work performed - test not met - application dismissed - strong recommendation issued as to re-evaluation of position. Legislation Cited: Industrial Relations Act 1996 Cases Cited: Construction, Forestry, Mining and Energy Union (New South Wales Branch) v Delta Electricity [2003] NSWIRComm 135 Geo A Bond & Co Ltd (in liquidation) v McKenzie (1929) 28 AR 498 Kingmill Australia Pty Ltd t/as Thrifty car Rental v Federated Clerks' Union of Australia, New South Wales Branch [2001] NSWIRComm 141 New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union v Gilgandra Shire Council [2010] NSWIRComm 1053. Perisher Blue v Australian Workers' Union [1999] 91 IR 274 Re Andrew John Short v FW Hercus Pty Ltd (1993) 40 FCR 511 South Eastern Sydney and Illawarra Area Health Service v Health Services Union (on behalf of Barry Peisley) [2007] NSWIRComm 157 Timothy Fox v GIO Australia Limited [2002] NSWIRComm 318 Ware v O'Donnell Griffin (Television Services) Pty Limited (1971) AR 18 Zoological Parks Board of New South Wales v The Australian Workers' Union, New South Wales [2004] NSWIRComm 85 Category: Principal judgment Parties: New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (Applicant) Gosford City Council (Respondent) Representation: White Barnes (Applicant) Mr M Barnes Solicitor (Applicant)