Local Government Engineers' Association of New South Wales and Fairfield City Council [2013] NSWIRComm 6

Industrial Relations Commission New South Wales Medium Neutral Citation: Local Government Engineers' Association of New South Wales and Fairfield City Council [2013] NSWIRComm 6 Hearing dates: 4 - 5, 7 December 2012 Decision date: 12 February 2013 Jurisdiction: Industrial Relations Commission Before: Staff J; D Gibson; M O'Connell Decision: Engineering professionals the subject of the dispute are entitled to receive the civil liability allowance as found in clause 14(xiv) of the Local Government (State) Award 2010 Catchwords: INDUSTRIAL DISPUTE - whether skills and responsibility for which civil liability allowance is payable under clause 14(xiv) of the Local Government (State) Award 2010 have been specifically and demonstrably paid for in the salary system for engineers by Fairfield City Council - whether employees the subject of the dispute are applying engineering principles in the management of Council's assets pursuant to the Civil Liability Act 2002 - held - employees the subject of the dispute are entitled to receive the civil liability allowance pursuant to the Local Government (State) Award 2010 Legislation Cited: Civil Liability Act 2002 Local Government Amendment (Legal Status) Act 2008 (repealed) Category: Principal judgment Parties: Local Government Engineers' Association of New South Wales (Applicant) Fairfield City Council (Respondent) Representation: Mr I Taylor SC with Mr R McClelland of counsel (Applicant) Mr RF Crow of counsel (Respondent) Local Government Engineers' Association of New South Wales (Applicant) Matthews Folbigg Pty Ltd (Respondent) File Number(s): IRC 85 of 2011