USU v Botany Bay City Council [2012] NSWIRComm 1023

Industrial Relations Commission New South Wales Medium Neutral Citation: USU v Botany Bay City Council [2012] NSWIRComm 1023 Hearing dates: 26/06/12 Decision date: 14 September 2012 Before: Ritchie C Decision: Catchwords: Section 130 dispute notification- payment of Productivity Bonus- dispute between parties re formulation of measurement. Conciliation unsuccessful -dispute proceeded to arbitration- hearing took place-prior to determination parties reached agreement-Consent Order made. Legislation Cited: Industrial Relations Act, 1996 Category: Principal judgment Parties: Applicant-New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union. Respondent- Botany Bay City Council Representation: Mr M Barnes (applicant) from White Barnes Solicitors

Mr P Bell (respondent) from Local Government Association of New South Wales File Number(s): IRC 31 of 2012

DECISION

Background.

1The New South Wales Local Government , Clerical, Administrative, Energy, Airlines & Utilities Union ( the applicant) filed a dispute under section 130 of the Industrial Relations Act, 1996 against Botany Bay City Council ( the respondent) re DARG Productivity Payments. 2The dispute came before the Commission on eight separate occasions without reaching a final agreement. The matter was therefore listed for arbitration and the parties were provided with a timetable for the filing and serving of evidentiary material. 3Whilst the original dispute notification listed a number of issues that were in dispute between the parties, through negotiation a number of these issues were resolved. 4The hearing of the dispute was held on 26 June 2012 and the decision was reserved. 5Prior to the decision being published the two parties came back before the Commission on 5 September 2012 and advised that a consent position had been arrived at. 6 As a consequence the parties were directed to submit consent Orders. 7I now make the following consent Orders in settlement of this dispute .