New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union and Cessnock City Council and another [2007] NSWIRComm 1061

New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union and Cessnock City Council and another [2007] NSWIRComm 1061

Both parties agreed to and ratified the 1998 Agreement, including the wrap up salary calculation, after satisfactory review by their representatives. The agreement's terms were honoured for its nominal term, and the error in calculation was not discovered until 2006. The intention of the parties was to resolve such matters within the negotiation process, and maintaining the sanctity and finality of industrial agreements outweighs retrospective correction in these circumstances. Responsibility for the oversight rests with both parties, and the application for back payment was dismissed, as overriding the agreement would undermine industrial certainty and the binding nature of such agreements.

Jurisdiction
Australia
Judgment Date
26 September 2007
Procedural Posture
Industrial Dispute (small Claim) / Final Judgment
Outcome
application dismissed
Legal Topics
['industrial Agreements' 'payment of Employees' 'calculation Errors' 'back Pay' 'collective Bargaining' 'breach of Industrial Instruments']
['industrial Relations'] ['industrial Agreements' 'payment of Employees' 'calculation Errors' 'back Pay' 'collective Bargaining' 'breach of Industrial Instruments']

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Procedural Posture

Industrial Dispute (small Claim) / Final Judgment

Legal Issues

  1. 1 ['Whether retrospective payment should be afforded to Mr Reginald Ross under s 380 of the Industrial Relations Act 1996 for errors in the calculation of the wrap up salary and travelling allowance in the 1998, 2001, and 2005 agreements' "Whether there was a breach of the 1998, 2001, and 2005 Agreements in the payment of Mr Ross' entitlements"]

Ratio Decidendi

Both parties agreed to and ratified the 1998 Agreement, including the wrap up salary calculation, after satisfactory review by their representatives. The agreement's terms were honoured for its nominal term, and the error in calculation was not discovered until 2006. The intention of the parties was to resolve such matters within the negotiation process, and maintaining the sanctity and finality of industrial agreements outweighs retrospective correction in these circumstances. Responsibility for the oversight rests with both parties, and the application for back payment was dismissed, as overriding the agreement would undermine industrial certainty and the binding nature of such agreements.

Court Disposition

application dismissed

Orders

  • ['Application dismissed.']