New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union v Shellharbour City Council re: proposed restructure [2016] NSWIRComm 1001

Industrial Relations Commission New South Wales Medium Neutral Citation: New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union v Shellharbour City Council re: proposed restructure [2016] NSWIRComm 1001 Hearing dates: 23 - 25 March 2015 inclusive; Written Submissions: 10 April and 17 April 2015 Decision date: 18 January 2016 Jurisdiction: Industrial Relations Commission Before: Tabbaa C AM Decision: Arborists: claim dismissed; Tractor Positions: claim for regrade declined; Recommendations issued re: Review of Position Descriptions and Re-evaluation of the Tractor positions. Catchwords: Dispute-s 130 notification-OO-Soft Job Evaluation System-PDs basis for completing Job Information Questionnaire-Alleged failure in review of PDs -Alleged failure to take into account varying skills levels required to operate machinery with implements-Incorrect valuations and grading-Alleged failure to obtain input from the Job Holder in completing the JIQ-Operators declined to provide individual input and feedback into the PDs-Commission declined to intervene to regrade the positions-Commission declined to intervene in Arborists claim-Recommendation issued re Tractor Operators PDs-Recommendation issued for re-evaluation of Tractor positions. Legislation Cited: Industrial Relations Act 1996 Cases Cited: NSW Local Government Clerical, Administrative, Energy, Airlines and Utilities Union and Gilgandra Shire Council [2010] NSWIRComm 1053; Federated Municipal and Shire Council Employees' Union of Australia, NSW Division and Cessnock City Council (IRC 3639 of 1999, 11 February 2000); NSW Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union and Lake Macquarie City Council [2011] NSWIRComm 94; Federated Municipal and Shire Council Employees' Union of Australia, New South Wales Division and Wollongong City Council (IRC 4508 of 2002); NSW Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union v Gosford City Council [2011] NSWIRComm 1026 Category: Principal judgment Parties: New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (Notifier)