Notifications under section 130 of a dispute by United Services Union and Others with Ausgrid re industrial dispute [2012] NSWIRComm 89

Notifications under section 130 of a dispute by United Services Union and Others with Ausgrid re industrial dispute [2012] NSWIRComm 89

The revised working hours policy affected all Ausgrid employees and related to alteration of working hours and health and safety risks. There was a respectable argument that cl 6 of the Ausgrid Agreement 2010 required notification and consultation, and on the face of it the Work Health and Safety Act consultation provisions also applied. Ausgrid's promulgation of the revised policy after an unresolved meeting gave only lip service to the status quo and disregarded the need to consult, warranting recommendations that implementation be suspended and consultation occur.

Jurisdiction
Australia
Judgment Date
21 August 2012
Procedural Posture
Industrial Dispute Notifications / Conciliation Conferences; Statement and Recommendations
Outcome
Recommendations made requiring suspension of implementation of the revised extended working hours policy and consultation with relevant unions.
Legal Topics
['consultation Obligations' 'dispute Resolution Under Enterprise Agreement' 'extended Working Hours Policy' 'fatigue Management Policy' 'status Quo Pending Dispute Resolution']
['industrial Relations' 'work Health and Safety'] ['consultation Obligations' 'dispute Resolution Under Enterprise Agreement' 'extended Working Hours Policy' 'fatigue Management Policy' 'status Quo Pending Dispute Resolution']

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Procedural Posture

Industrial Dispute Notifications / Conciliation Conferences; Statement and Recommendations

Legal Issues

  1. 1 ['Whether Ausgrid failed to consult with relevant unions before implementing or promulgating a revised extended working hours policy and fatigue management-related changes.' 'Whether Ausgrid breached or failed to properly observe the status quo undertaking or recommendation made during conciliation.' 'Whether the revised working hours policy was a change requiring consultation under cl 6 of the Ausgrid Agreement 2010 and under work health and safety legislation.']

Ratio Decidendi

The revised working hours policy affected all Ausgrid employees and related to alteration of working hours and health and safety risks. There was a respectable argument that cl 6 of the Ausgrid Agreement 2010 required notification and consultation, and on the face of it the Work Health and Safety Act consultation provisions also applied. Ausgrid's promulgation of the revised policy after an unresolved meeting gave only lip service to the status quo and disregarded the need to consult, warranting recommendations that implementation be suspended and consultation occur.

Court Disposition

Recommendations made requiring suspension of implementation of the revised extended working hours policy and consultation with relevant unions.

Orders

  • ['Ausgrid suspends implementation of the revised extended working hours policy until it has met with the relevant unions in accordance with the consultative process in cl 6 of the Ausgrid Agreement 2010; the suspension continues while consultation continues and until the parties report back to the Commission; where...