Storeworkers - IGA Distribution Pty Limited New South Wales Distribution Centres Award 2002 [2002] NSWIRComm 156

Storeworkers - IGA Distribution Pty Limited New South Wales Distribution Centres Award 2002 [2002] NSWIRComm 156

The Commission was not legally barred from considering the 1998 decision and award history, and the evidence showed unusual history, changed circumstances, unresolved issues over compensation for lost conditions, productivity improvements and difficulties with award-prescribed engineered standards. Those matters established a special case for wage increases and justified making a new award varying the reviewed award in selected respects, including removal of engineered standards references, wage increases and reintroduction of restrictions on casual, part-time and seasonal employment, while rejecting the NUW claim for a 36 hour week and rejecting several IGA claims for additional...

Jurisdiction
Australia
Judgment Date
10 July 2002
Procedural Posture
Cross Applications for a New Industrial Award / Full Bench Arbitration Decision
Outcome
New award made; NUW and IGA applications granted in part and refused in part.
Legal Topics
['award Making' 'special Case Wage Fixation' 'privative Provisions' 'engineered Standards' 'hours of Work' 'casual, Part Time and Seasonal Employment' 'payroll Deduction of Union Dues' 'overtime and Penalty Rates' 'public Holidays' 'sick Leave']
['industrial Relations' 'employment Law'] ['award Making' 'special Case Wage Fixation' 'privative Provisions' 'engineered Standards' 'hours of Work' 'casual, Part Time and Seasonal Employment' 'payroll Deduction of Union Dues' 'overtime and Penalty Rates' 'public Holidays' 'sick Leave']

Case Brief

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Procedural Posture

Cross Applications for a New Industrial Award / Full Bench Arbitration Decision

Legal Issues

  1. 1 ['Whether s179 of the Industrial Relations Act 1996 precluded the Commission from examining the 1998 decision and award when determining fair and reasonable conditions for a new award.' 'Whether s47 of the Industrial Relations Act 1996 prevented consideration of terms of an earlier enterprise agreement.' 'Whether the applications constituted a special case justifying wage increases beyond ordinary State Wage Case outcomes.' 'Whether award references to engineered standards should continue in classification, promotion, counselling and disciplinary provisions.' 'Whether the NUW established a basis for reducing ordinary hours from 38 to 36 per week.' 'Whether restrictions on the use of casual, part-time and seasonal employees should be reintroduced.' 'Whether the NUW or IGA established bases for the contested changes concerning overtime, union dues, Saturday loadings, rosters, public holidays, sick leave, spread of hours, RDO work and award structure.']

Ratio Decidendi

The Commission was not legally barred from considering the 1998 decision and award history, and the evidence showed unusual history, changed circumstances, unresolved issues over compensation for lost conditions, productivity improvements and difficulties with award-prescribed engineered standards. Those matters established a special case for wage increases and justified making a new award varying the reviewed award in selected respects, including removal of engineered standards references, wage increases and reintroduction of restrictions on casual, part-time and seasonal employment, while rejecting the NUW claim for a 36 hour week and rejecting several IGA claims for additional...

Court Disposition

New award made; NUW and IGA applications granted in part and refused in part.

Orders

  • ['A new award entitled Storeworkers - IGA Distribution Pty Limited NSW Distribution Centres Award 2002 is made in terms of the reviewed award, as varied by the consent arrangements between the parties specified in exhibit 61 and the terms of the decision.' 'The award shall operate from the first pay period to...