New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union and Riverina Water County Council [2016] NSWIRComm 1039

Industrial Relations Commission New South Wales Medium Neutral Citation: New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union and Riverina Water County Council [2016] NSWIRComm 1039 Hearing dates: 6 & 7 October 2015 and 9 November 2015 Decision date: 31 October 2016 Jurisdiction: Industrial Relations Commission Before: Tabbaa C AM Decision: Claim dismissed. Catchwords: Dispute Notification-Consent Award approved in 2012 provides for substantial increases in wages and superannuation contributions over 3 years-Objective of the Award is that employees would co-operate with Council to take action to reduce operating costs-Council introduced new pay cycle-Council commenced negotiations to introduce new on call roster in line with the pay periods-WTP Operators found that one employee rather than two would receive an additional day's leave if he was on call on a public holiday falling on a Monday-Conciliation proceedings failed to resolve the claim-Award has sufficient safeguards re fatigue management and appropriate payments for working overtime and/or on public holidays-Council's role to determine need for on call-no limit placed by the award for on call-no basis found for interfering with Council's autonomy to efficiently manage its operations in relation to the on call duty roster. Legislation Cited: Industrial Relations Act 1996 Local Government Act 1993 Cases Cited: Jones v Dunkel [1959] HCA 8; (1959) 101 CLR 298; Re Cram; Ex parte NSW Colliery Proprietors' Association Ltd [1987] HCA 28; (1987) 163 CLR 117; BHP Steel (AIS) Pty Limited v The Federated Ironworkers' Association of Australia, New South Wales Division (Matter IRC 2208 of 1994, 7 November 1994); Category: Principal judgment Parties: NSW Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union (Applicant) Riverina Water County Council (Respondent) Representation: Mr E Cole (Applicant) Ms M O'Neill, Local Government NSW (Respondent) File Number(s): 2016/44487 (formerly IRC 47 of 2015)