Notification under s130 by the Broken Hill Town Employees' Union of a dispute with the Barrier Social Democratic Club re rates of pay and Notification under s130 by the Barrier Social Democratic Club of a dispute with the Broken Hill Town Employees' Union re negotiation of enterprise agreement [2002] NSWIRComm 131

Notification under s130 by the Broken Hill Town Employees' Union of a dispute with the Barrier Social Democratic Club re rates of pay and Notification under s130 by the Barrier Social Democratic Club of a dispute with the Broken Hill Town Employees' Union re negotiation of enterprise agreement [2002] NSWIRComm 131

The Commission rejected the Union's claims because the Club remained financially vulnerable, the economic circumstances in Broken Hill had not significantly improved, Deloitte Touche Tohmatsu's financial advice and the Club's costings were preferred over the Union's costings, and the claimed conditions exceeded general industry and club industry standards and could not be sustained without threatening employment.

Jurisdiction
Australia
Judgment Date
13 June 2002
Procedural Posture
Industrial Dispute Notifications Under Section 130 Concerning Rates of Pay and Negotiation of an Enterprise Agreement / Decision and Recommendation After Conferences, Hearing Dates and Written Submissions
Outcome
Union's claims rejected except for protection of existing long service leave accruals; recommendations made and disputes concluded.
Legal Topics
['enterprise Agreement Negotiations' 'shift Penalty Rates' 'public Holiday Payments' 'long Service Leave' 'financial Capacity of Employer' 'objects of the Industrial Relations Act 1996']
['industrial Relations' 'employment Law'] ['enterprise Agreement Negotiations' 'shift Penalty Rates' 'public Holiday Payments' 'long Service Leave' 'financial Capacity of Employer' 'objects of the Industrial Relations Act 1996']

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Procedural Posture

Industrial Dispute Notifications Under Section 130 Concerning Rates of Pay and Negotiation of an Enterprise Agreement / Decision and Recommendation After Conferences, Hearing Dates and Written Submissions

Legal Issues

  1. 1 ['Whether the proposed enterprise agreement should retain existing penalty payments for broken shifts, afternoon shifts and a $50 make up allowance.' 'Whether public holiday arrangements should retain the existing provisions sought by the Union or adopt the Club Employees (State) Award provisions.' "Whether existing long service leave arrangements should be retained or future accruals calculated under the Club's proposal." "Whether the Club's financial circumstances and the economic circumstances of Broken Hill justified rejection of the Union's claims."]

Ratio Decidendi

The Commission rejected the Union's claims because the Club remained financially vulnerable, the economic circumstances in Broken Hill had not significantly improved, Deloitte Touche Tohmatsu's financial advice and the Club's costings were preferred over the Union's costings, and the claimed conditions exceeded general industry and club industry standards and could not be sustained without threatening employment.

Court Disposition

Union's claims rejected except for protection of existing long service leave accruals; recommendations made and disputes concluded.

Orders

  • ['The agreement should not provide for penalty payments for broken shifts, afternoon shifts or the make up allowance of $50.' 'The public holiday provisions of the Club Employees (State) Award should be included in the agreement.' "Existing employees should not lose their existing accruals to long service leave, but...