New South Wales Local Government , Clerical, Administrative, Energy, Airlines & Utilities Union v Marrickville Council [2013] NSWIRComm 1003

Industrial Relations Commission New South Wales Medium Neutral Citation: New South Wales Local Government , Clerical, Administrative, Energy, Airlines & Utilities Union v Marrickville Council [2013] NSWIRComm 1003 Hearing dates: 1 and 2 December 2011, 20 January, 13 April and 22 June 2012 Decision date: 22 January 2013 Jurisdiction: Industrial Relations Commission Before: Bishop C Decision: Application for Orders dismissed Catchwords: INDUSTRIAL DISPUTE: meaning of provision in 2003 Enterprise Agreement re collection of green waste - correct application of intent of darg - allegations of inappropriate negotiations in 2007 - allegations agreement reached under duress - allegations agreement reached in breach of EA - allegations of lack of consultation - reversion to former agreement sought but in terms of collection of bins - orders sought - HELD faults on three sides - union - members - managers - mistake as to darg genuine - no intent to mislead - employees not meeting productivity targets - targets not capable of being met - interpretation of agreement sought incorrect - proposal of Council reasonable and practical - application for orders dismissed - recommendations issued. Legislation Cited: Industrial Relations Act 1996 Interpretation Act Cases Cited: Bell v Lever Bros Ltd [1932] AC 161 Briginshaw v Briginshaw (1938) 60 CLR 336 Director of Public Employment by her agent the Commissioner of New South Wales Fire Brigades v New South Wales Fire Brigade Employees' Union [2008] NSWIRComm 158 Con-Stan Industries Australia Pty Ltd v Norwich Winterthur Insurance (Australia) Ltd (1986) 60 ALJR 294 Fair Work Ombudsman v National Jet Systems Pty Limited [2012] FCA 243 Jones v Dunkel (1959) 101 CLR 298 Payne v Parker [1976] 1 NSWLR 191 PSA & the Zoo [2007] NSWIRComm 1080 Perisher Blue Pty Ltd and Others v Australian Workers Union (1999) 91 IR 274 New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union v Cessnock City Council & anor [2007] NSWIRComm 1061 Robertson v Marrickville Council [2003] NSWIRComm 394 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) Marrickville Council (Respondent) Representation: Mr M Barnes (Applicant) White Barnes Mr S Jauncey (Respondent) Henry Davis York File Number(s): IRC 1409 of 2011