New South Wales Local Government, Clerical, Administrative, Energy Airlines and Utilities Union v Warringah Council [2015] NSWIRComm 1012

Industrial Relations Commission New South Wales Medium Neutral Citation: New South Wales Local Government, Clerical, Administrative, Energy Airlines and Utilities Union v Warringah Council [2015] NSWIRComm 1012 Hearing dates: 30 June, 1 July 2015 Decision date: 20 July 2015 Jurisdiction: Industrial Relations Commission Before: Newall C Decision: Application for award under special case principle refused. Orders made in industrial dispute. Catchwords: APPLICATION FOR AWARD – long-standing enterprise agreement – 4 day on, 4 day off roster - employees relied on roster – secondary employment – family arrangements – employer gave notice of end of enterprise agreement – dispute notified – award application made SPECIAL CASE – principles – award will not automatically be made to replace enterprise agreement – award not to be framed to meet personal circumstances of employees - special case principles not met – award application refused ORDERS – orders may be made in dispute to preserve status quo ante and to fulfil the Objects of the Act – order made Legislation Cited: Industrial Relations Act 1996 ss.3, 10, 130, 136(1)(d) Cases Cited: Broken Hill Chamber of Commerce and CFMEU (NSW Branch) [2002] NSWIRComm 244 City of Sydney Wages/Salary Award 2014 [2014] NSWIRComm 49 Health Services Union NSW and Central Coast Local Health District re Regrade Policy [2013] NSWIRComm 44 NSW Teachers Federation v Department of Education and Training (2003) 121 IR 177 Re Operational Ambulance Officers (State) Award ([2001] NSWIRComm 331 Re Storeworkers – IGA Distribution Pty Limited New South Wales Distribution Centres Award 2002 ([2002] NSWIRComm 156 State Wage Case 2010 (No 2) [2011] NSWIRComm 29; 206 IR 218 Category: Principal judgment Parties: New South Wales Local Government, Clerical, Administrative, Energy Airlines and Utilities Union (Notifier and Applicant) Warringah Council (Respondent) Representation: Counsel: Mr R Crow (Respondent) Advocate: Mr M Dunstan (Applicant)