New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union v Bega Valley Shire Council [2013] NSWIRComm 74

Industrial Relations Commission New South Wales Medium Neutral Citation: New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union v Bega Valley Shire Council [2013] NSWIRComm 74 Hearing dates: 15, 16, 27 August 2013 Decision date: 30 August 2013 Before: Boland J, President Decision: I find that the Heads of Agreement the subject of these proceedings is not binding at law. Catchwords: INDUSTRIAL DISPUTE - Local government - Termination of Council Agreements - Whether document entitled 'Heads of Agreement' prohibits termination of Council Agreements - Whether Heads of Agreement binding at law - Objective test - Whether there was consideration - Whether the Union acted as agent for employees - Implied terms. Legislation Cited: Industrial Relations Act 1996 Cases Cited: BP Refinery (Westernport) Pty Ltd v Hastings Shire Council [1977] HCA 40; (1977) 180 CLR 266 Commissioner for Public Employment v The Public Service Association of South Australia [2001] SAIRC 12; (2001) 122 IR 161 Michael Lahodiuk v Vincent Pace and Prid Pty Ltd [2013] NSWSC 512 Ryan (Receiver & Manager of Homfray Carpets Australia Pty Ltd) v Textile Clothing & Footwear Union Australia [1996] 2 VR 235; (1996) 130 FLR 313; (1996) 66 IR 258 Category: Procedural and other rulings Parties: New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union (Applicant) Bega Valley Shire Council (Respondent) Representation: Carroll & O'Dea Lawyers (Applicant) Maddocks Lawyers (Respondent) File Number(s): IRC 1055 of 2012