Notification under s130 by Broken Hill Chamber of Commerce Inc. of a dispute with Barrier Industrial Council re Broken Hill Commerce and Industry Consent Award [2002] NSWIRComm 89

Notification under s130 by Broken Hill Chamber of Commerce Inc. of a dispute with Barrier Industrial Council re Broken Hill Commerce and Industry Consent Award [2002] NSWIRComm 89

The Commission applied the earlier reasoning of Bishop C on the same award provision and held that mineworkers' conditions and the basis for those conditions had changed too dramatically to permit a comparable assessment with Award rates and conditions. Clause 19:16 was to operate so that a 4.5% loading applied to the Award rates of pay; those rates comprehended all "mine privileges" except the lead bonus, which would continue to be paid; and Award employees would receive shift penalties and overtime rates according to the Hours of Work, Overtime and Shift provisions of the Award, not according to past practice or the former mineworkers' agreement. Because that interpretation made the...

Jurisdiction
Australia
Judgment Date
09 May 2002
Procedural Posture
Dispute Notification Pursuant to S 130 of the Industrial Relations Act, 1996 Concerning Interpretation of Clause 19:16 of the Broken Hill Commerce and Industry Consent Award / Decision Determining the Interpretation Issue Pursuant to S 175 of the Industrial Relations Act, 1996
Outcome
Clause 19:16 interpreted; proposed award variation not made; proceedings concluded.
Legal Topics
['award Interpretation' 'conditions of Employment for Employees Working on Mine Leases' 'hours of Work, Overtime and Shift Penalties' 'mine Privileges and Lead Bonus' 'award Variation']
['industrial Relations'] ['award Interpretation' 'conditions of Employment for Employees Working on Mine Leases' 'hours of Work, Overtime and Shift Penalties' 'mine Privileges and Lead Bonus' 'award Variation']

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Procedural Posture

Dispute Notification Pursuant to S 130 of the Industrial Relations Act, 1996 Concerning Interpretation of Clause 19:16 of the Broken Hill Commerce and Industry Consent Award / Decision Determining the Interpretation Issue Pursuant to S 175 of the Industrial Relations Act, 1996

Legal Issues

  1. 1 ["What conditions apply under clause 19:16 of the Metals Section of the Broken Hill Commerce and Industry Consent Award when award employees work on productive mining leases and in mining companies' interests." "Whether employees covered by the Award should receive overtime and shift penalties according to the Award or according to past mineworkers' conditions or practice." 'Whether clause 19:16 should be varied in the terms proposed by the Broken Hill Chamber of Commerce.']

Ratio Decidendi

The Commission applied the earlier reasoning of Bishop C on the same award provision and held that mineworkers' conditions and the basis for those conditions had changed too dramatically to permit a comparable assessment with Award rates and conditions. Clause 19:16 was to operate so that a 4.5% loading applied to the Award rates of pay; those rates comprehended all "mine privileges" except the lead bonus, which would continue to be paid; and Award employees would receive shift penalties and overtime rates according to the Hours of Work, Overtime and Shift provisions of the Award, not according to past practice or the former mineworkers' agreement. Because that interpretation made the...

Court Disposition

Clause 19:16 interpreted; proposed award variation not made; proceedings concluded.

Orders

  • ['A 4.5% loading is applicable to the Award rates of pay.' 'The rates of pay in the Award comprehend all "mine privileges" save for the lead bonus, which will continue to be paid.' "Employees under the Award shall receive shift penalties and overtime rates according to the Hours of Work, Overtime and Shift...