City of Sydney Wages/Salary Award 2014 [2014] NSWIRComm 49

Industrial Relations Commission New South Wales Medium Neutral Citation: City of Sydney Wages/Salary Award 2014 [2014] NSWIRComm 49 Hearing dates: 4, 5, 6 and 7 August 2014 Decision date: 23 September 2014 Jurisdiction: Industrial Relations Commission Before: Walton J, President; Stanton C; Newall C Decision: Orders: (1) Subject to order (2) to (4) hereof, an award shall be made in the terms of Ex 1 in these proceedings. (2) The award will contain the redeployment and redundancy provisions proposed by the City and set out in 'Annexure B' to this decision. (3) Those provisions will apply to all employees employed on or after 5 November 2009. (4) The award will also include the redundancy and redeployment clauses set out in 'Annexure A' to this decision, but those provisions will only apply to those employees who commenced permanent employment with the City before 5 November 2009. (5) We direct the City to file and serve within seven days draft minutes of an award which would give effect to this decision. (6) The Commission will relist these proceedings for the making of the award on a date to be determined. Catchwords: AWARD - arbitral powers - Special Case Principle - test for special case - fair and reasonable conditions of employment - consideration of circumstances of employers and employees - history of parties' bargains relevant - special case not made out - longstanding bargain - representations to employees - award made in terms sought by employer - 'grandparenting' clause protecting earlier bargain Legislation Cited: Industrial Relations Act 1996 s10 Industrial Arbitration Act 1940 s11 Cases Cited: Department of Community Services v Health and Research Employees Association of New South Wales (1992) 45 IR 453 Matheson v Electricity Commission of NSW [1978] 2 NSWLR 305 Operational Ambulance Officers (State) Award [2001] NSWIRComm 331; (2001) 113 IR 384 Re Club Employees (State) Award [2002] NSWIRComm 362; (2002) 122 IR 272 Re Pastoral Industry Award [2001] NSWIRComm 27; (2001) 104 IR 168 Re Storeworkers - IGA Distribution Pty Ltd New South Wales Distribution Centres Award 2002 [2002] NSWIRComm 156; (2002) 124 IR 1 Social and Community Services Employees (State) Award [2001] NSWIRComm 247 State Wage Case 2010 (No 2) [2011] NSWIRComm 29; (2011) 206 IR 218 Category: Principal judgment Parties: The Council of the City of Sydney (Applicant) New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (Respondent) Representation: P Ginters of counsel (Applicant) J V Murphy of counsel (Respondent) Henry Davis York Lawyers (Applicant) Carroll & O'Dea Lawyers (Respondent) File Number(s): IRC 175 of 2014