New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union and Goldenfields Water County Council [2016] NSWIRComm 1040

Industrial Relations Commission New South Wales Medium Neutral Citation: New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union and Goldenfields Water County Council [2016] NSWIRComm 1040 Hearing dates: 3 November 2015 Decision date: 04 November 2016 Jurisdiction: Industrial Relations Commission Before: Tabbaa C AM Decision: 1. The duties of the position at Temora are not substantially different to those undertaken by Mr Corby in his present position at Cootamundra and therefore his position has not been made redundant. 2. Operational and other reasons set out in the decision require the position to be relocated to Temora. Council cannot require Mr Corby to reside in Temora. 3. Council is not required to continue providing Mr Corby with a Council vehicle to commute from his residence to the worksite and vice versa. Catchwords: Dispute Notification-Council restructure-Moved headquarters to Temora-Job Description revised-Union Member offered option of taking redundancy or accepting the revised position-Required to reside in Temora if he opts for the revised position-Union member contends that provision of vehicle to commute to work every day has been a custom and practice over 8 years-Council vehicle contended to be a condition of employment-Award does not require vehicle to be provided for private use-Conditions of employment do not include provision of vehicle for private use-No lease back arrangements entered into by Union Member. Legislation Cited: Industrial Relations Act 1996 Local Government Act 1993 Category: Principal judgment Parties: NSW Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union (Applicant) Goldenfields Water County Council (Respondent) Representation: Mr R Oppitz (Applicant) Mr A Barwick, WilliamsonLegal (Respondent) File Number(s): 2016/19418 (formerly IRC 243 of 2015)