Dispute between the New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union and Sutherland Shire Council re permanent placement [2014] NSWIRComm 1005

Industrial Relations Commission New South Wales Medium Neutral Citation: Dispute between the New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union and Sutherland Shire Council re permanent placement [2014] NSWIRComm 1005 Hearing dates: 29 October 2013 Decision date: 17 March 2014 Jurisdiction: Industrial Relations Commission Before: Tabbaa C AM Decision: Claim dismissed. Catchwords: Dispute notification; Alleged failure of Council to confirm union member at Step 5 of salary structure despite achieving above the 85% score in his appraisals over both years; Commission cannot intervene and take over management prerogative in deciding who is to receive an over-award payment; Commission is not empowered to make dispute orders of any kind in circumstances where to do so would result in altering a private contract into an award right; Commission will not intervene and take over management prerogative; Observation that any internal salary system should be transparent and fairly applied; Observation that a mistake by an employee is not allowed to hound that employee from year to year but should be confined to the year in which it occurred. Legislation Cited: Industrial Relations Act 1996 Cases Cited: NSW Teachers Federation v Department of Education and Training (2003) 121 IR 177; In re Dispute - Upper Hunter County Council re Grading (No. 1) [1973] AR 361, In re Medical Officers - Hospital Specialists Award [1967] AR 45l; Monaro County Council v Electrical Trades Union of Australia, NSW branch (1985) 14 IR 138 Category: Principal judgment Parties: Mr Paul Wesley for the New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union (Applicant) Sutherland Shire Council (Respondent) Representation: Mr R Crow of counsel (Respondent) Ms A Koelmeyer, Workplace Law (Respondent) File Number(s): IRC 149 of 2013