Transport Secretary v The Australian Workers’ Union, New South Wales [2022] NSWIRComm 1053

Transport Secretary v The Australian Workers’ Union, New South Wales [2022] NSWIRComm 1053

The Commission made dispute orders because the employees were bound by awards that precluded the proposed strike while dispute procedures were continuing, it was not consistent with the objects of the Industrial Relations Act 1996 or the public interest to permit disregard of the Commission's instruments, and the planned strike gave rise to safety implications in circumstances where emergency cover commitments were uncertain and the weather and flooding situation in New South Wales continued to evolve. The Commission was not satisfied that the CFMEU or AMWU should be excluded, as workers not directly involved in emergency response might still be called out to perform appropriate work...

Jurisdiction
Australia
Judgment Date
06 July 2022
Procedural Posture
Notification of an Industrial Dispute Pursuant to S 130 of the Industrial Relations Act 1996 / Urgent Application for Dispute Orders After Conciliation, Determined Ex Tempore
Outcome
Dispute orders made substantially in the form sought by the Transport Secretary; orders took effect immediately and remained in force until 21 July 2022 or further order.
Legal Topics
['industrial Disputes' 'dispute Orders' 'industrial Action' 'public Interest' 'award Dispute Procedures']
['employment and Industrial Law'] ['industrial Disputes' 'dispute Orders' 'industrial Action' 'public Interest' 'award Dispute Procedures']

Case Brief

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Procedural Posture

Notification of an Industrial Dispute Pursuant to S 130 of the Industrial Relations Act 1996 / Urgent Application for Dispute Orders After Conciliation, Determined Ex Tempore

Legal Issues

  1. 1 ['Whether the Commission should make orders preventing a planned 24 hour strike by union members employed under the Roads and Maritime Services (Wages Staff) Award 2019 and the Roads and Maritime Services (Traffic Signals Staff) Award 2019.' 'Whether the planned strike was inconsistent with award provisions precluding work stoppages or work limitations while dispute procedures were continuing.' 'Whether safety implications and the public interest warranted intervention by the Commission.' 'Whether commitments by the AWU and ETU to provide emergency cover were sufficiently certain to avoid the need for orders.' 'Whether the CFMEU and AMWU should be excluded from orders because their members were said to work predominantly on the Sydney Harbour Bridge.']

Ratio Decidendi

The Commission made dispute orders because the employees were bound by awards that precluded the proposed strike while dispute procedures were continuing, it was not consistent with the objects of the Industrial Relations Act 1996 or the public interest to permit disregard of the Commission's instruments, and the planned strike gave rise to safety implications in circumstances where emergency cover commitments were uncertain and the weather and flooding situation in New South Wales continued to evolve. The Commission was not satisfied that the CFMEU or AMWU should be excluded, as workers not directly involved in emergency response might still be called out to perform appropriate work...

Court Disposition

Dispute orders made substantially in the form sought by the Transport Secretary; orders took effect immediately and remained in force until 21 July 2022 or further order.

Orders

  • ["The Australian Workers' Union, New South Wales, its officers, employees and members employed by the Transport Secretary were ordered to immediately cease organising and refrain from taking industrial action by those employees engaged under the Roads and Maritime Services (Wages Staff) Award 2019 at Transport for...