Notification under section 130 by Sydney Water Corporation of a dispute with the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch re: threatened restrictions. [2005] NSWIRComm 1120

Notification under section 130 by Sydney Water Corporation of a dispute with the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch re: threatened restrictions. [2005] NSWIRComm 1120

The Commission held that Sydney Water Corporation had appropriate safety procedures, training, hazard identification, risk assessment processes, security arrangements and call-out arrangements in place, and that fitters were not required to wait alone at unsafe sites. The AMWU had not established unsafe work practices, unjust or unreasonable conditions, or any other sufficient justification for the Commission to interfere with SWC's managerial right to determine standby manning levels in the Illawarra.

Jurisdiction
Australia
Judgment Date
26 July 2005
Procedural Posture
Notification Under Section 130 of an Industrial Dispute Concerning Threatened Restrictions and Manning Levels for Illawarra Standby Fitters / Decision After Conciliation, Certificate of Attempted Conciliation, Inspections and Hearing
Outcome
The Union's application for orders was dismissed and the dispute was terminated.
Legal Topics
['manning Levels' 'stand by Roster' 'call Outs' 'work Health and Safety Procedures' 'managerial Prerogative' 'industrial Dispute Resolution']
['industrial Relations' 'occupational Health and Safety'] ['manning Levels' 'stand by Roster' 'call Outs' 'work Health and Safety Procedures' 'managerial Prerogative' 'industrial Dispute Resolution']

Case Brief

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Procedural Posture

Notification Under Section 130 of an Industrial Dispute Concerning Threatened Restrictions and Manning Levels for Illawarra Standby Fitters / Decision After Conciliation, Certificate of Attempted Conciliation, Inspections and Hearing

Legal Issues

  1. 1 ['Whether two fitters should be placed on standby in the Illawarra and both called out whenever a call-out is required.' 'Whether a single fitter responding to out-of-hours call-outs in the Illawarra created unsafe work practices sufficient to justify Commission intervention.' "Whether the Commission should interfere with Sydney Water Corporation's managerial decision about standby staffing levels."]

Ratio Decidendi

The Commission held that Sydney Water Corporation had appropriate safety procedures, training, hazard identification, risk assessment processes, security arrangements and call-out arrangements in place, and that fitters were not required to wait alone at unsafe sites. The AMWU had not established unsafe work practices, unjust or unreasonable conditions, or any other sufficient justification for the Commission to interfere with SWC's managerial right to determine standby manning levels in the Illawarra.

Court Disposition

The Union's application for orders was dismissed and the dispute was terminated.

Orders

  • ["The Union's application for Orders is dismissed." 'The Commission expects that any bans or limitations in place by AMWU members in the Illawarra concerning fitters on stand-by or responding to call-outs should be immediately lifted.' 'This dispute is now terminated.']