United Services Union and Liverpool City Council [2013] NSWIRComm 1021

Industrial Relations Commission New South Wales Medium Neutral Citation: United Services Union and Liverpool City Council [2013] NSWIRComm 1021 Hearing dates: 19-21 September 2012 incl.06-07 December 2012 incl. Decision date: 24 October 2013 Jurisdiction: Industrial Relations Commission Before: Tabbaa C AM Decision: Relief sought by USU not granted Catchwords: Contracting Out of Work; Alleged breach of Workplace Change & Redundancy clause; Alleged breach of Competitive Tendering clause; Alleged failure to consult; Interpretation of the Award; "Significant Effect" on Employees; Discretion as to whether a service should be the subject of an in-house bid lies with the Council; Pre-condition that "competitive tender" must involve services currently being performed by council employees not met; the contracting out of the litter etc collection in the Western Area is considered as a relatively minor change and its impact on employees barely discernible and therefore it is not considered a "major change" having "significant effects" on employees and is not considered organisation restructure or job redesign given its very limited impact on employees Legislation Cited: Industrial Relations Act 1996 Interpretation Act 1987 Local Government (State) Award 2010 Cases Cited: Re Crown Employee (Household Staff - Department of Education and Training) Wages and Conditions Award [2012] NSWIRComm 85; Director of Public Employment (by her agent the Commissioner of NSW Fire Brigades) and New South Wales Fire Brigades Employees' Union [2008] NSWIRComm 158; (2008) 180 IR 170; Re State Rail Authority Firefighters Award 2001 [200] NSWIRComm 159; Zoological Parks Board of New South Wales and The Australian Workers' Union, New South Wales [2004] NSWIRComm 85; George A Bond & Co Ltd (in liquidation) v McKenzie [1929] 28 AR (NSW) 498; Cooper Brookes (Wollongong) Pty Ltd v The Commissioner of Taxation of the Commonwealth of Australia [1981] HCA 26; (1981) 147 CLR 297 at 321; Category: Principal judgment Parties: Ms N Dabarera (for the USU) Mr R Nassif of the Local Government, and Shires Associations of NSW Representation: Mr B G Docking (Counsel - for the USU) Mr A Brit (Counsel - for the Respondent) Mr M Barnes of Barnes White Solicitors (USU) File Number(s): 605 of 2012