Notification under section 146B by Unions NSW and others of a dispute with Energy Australia re Wallerawang Power Station Announcement 16 January 2014 [2015] NSWIRComm 34

Notification under section 146B by Unions NSW and others of a dispute with Energy Australia re Wallerawang Power Station Announcement 16 January 2014 [2015] NSWIRComm 34

The notification was exhausted because the parties' consultation and negotiations resulted in the EnergyAustralia NSW (Mount Piper and Wallerawang Operations) 2015 Employees' Enterprise Agreement being concluded and approved, and Unions NSW filed a notice of discontinuance on behalf of the unions and their members.

Jurisdiction
Australia
Judgment Date
29 October 2015
Procedural Posture
Notification Under Section 146 B of the Industrial Relations Act 1996 of a Dispute Concerning Wallerawang Power Station / Proceedings Concluded After Notice of Discontinuance; Notification Exhausted With the Making of the 2015 Enterprise Agreement
Outcome
The notification was exhausted, a notice of discontinuance was received, and proceedings were concluded.
Legal Topics
['closure of Wallerawang Power Station' 'market Conditions' 'business Re Organisation' 'redundancies' 'post Sale Employment Guarantee' 'consultation' 'enterprise Agreement Negotiations']
['industrial Relations' 'employment Law'] ['closure of Wallerawang Power Station' 'market Conditions' 'business Re Organisation' 'redundancies' 'post Sale Employment Guarantee' 'consultation' 'enterprise Agreement Negotiations']

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Procedural Posture

Notification Under Section 146 B of the Industrial Relations Act 1996 of a Dispute Concerning Wallerawang Power Station / Proceedings Concluded After Notice of Discontinuance; Notification Exhausted With the Making of the 2015 Enterprise Agreement

Legal Issues

  1. 1 ['Whether the section 146B notification concerning the Wallerawang Power Station announcement remained live after the making of the 2015 Enterprise Agreement.' "How consultation, redundancies, operational changes and enterprise agreement negotiations were to be managed following EnergyAustralia's reduction and withdrawal of generation at Wallerawang Power Station."]

Ratio Decidendi

The notification was exhausted because the parties' consultation and negotiations resulted in the EnergyAustralia NSW (Mount Piper and Wallerawang Operations) 2015 Employees' Enterprise Agreement being concluded and approved, and Unions NSW filed a notice of discontinuance on behalf of the unions and their members.

Court Disposition

The notification was exhausted, a notice of discontinuance was received, and proceedings were concluded.

Orders

  • ['The notification in this matter is exhausted with the making of the 2015 Enterprise Agreement.' 'A notice of discontinuance is received from Unions NSW acting on behalf of all NSW power generation unions and their members.' 'Proceedings in the matter are concluded.']