Notification under section 130 by Unions NSW of a dispute with Alstom Colongra Gas Turbine Project [2009] NSWIRComm 211

Notification under section 130 by Unions NSW of a dispute with Alstom Colongra Gas Turbine Project [2009] NSWIRComm 211

The proceedings were concluded because the project was complete, all matters were resolved either directly by the parties or in conciliation, and the Commission was not required to determine any matter.

Jurisdiction
Australia
Judgment Date
16 December 2009
Procedural Posture
Notification Under Section 130 by Unions NSW of a Dispute With Alstom Colongra Gas Turbine Project / Final Report Back and Statement Concluding Proceedings
Outcome
Matter No IRC 394 of 2008 is so concluded.
Legal Topics
['section 130 Dispute Notification' 'construction Project Industrial Relations' 'common Dispute Resolution Process' 'union Collective Agreement' 'employee Communications Meetings' 'drug and Alcohol Screening' 'workplace Safety']
['industrial Relations'] ['section 130 Dispute Notification' 'construction Project Industrial Relations' 'common Dispute Resolution Process' 'union Collective Agreement' 'employee Communications Meetings' 'drug and Alcohol Screening' 'workplace Safety']

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Procedural Posture

Notification Under Section 130 by Unions NSW of a Dispute With Alstom Colongra Gas Turbine Project / Final Report Back and Statement Concluding Proceedings

Legal Issues

  1. 1 ['Whether the Commission could assist the parties under the wider definition of "dispute" in the Industrial Relations Act 1996 despite the parties not being in conflict.' 'Whether issues arising during the Colongra Gas Turbine Project were resolved through the agreed common dispute resolution process without requiring determination by the Commission.']

Ratio Decidendi

The proceedings were concluded because the project was complete, all matters were resolved either directly by the parties or in conciliation, and the Commission was not required to determine any matter.

Court Disposition

Matter No IRC 394 of 2008 is so concluded.

Orders

  • ['Matter No IRC 394 of 2008 is so concluded.']