Electrical Trades Union of Australia, NSW v Energy Australia [2006] NSWIRComm 1050

Electrical Trades Union of Australia, NSW v Energy Australia [2006] NSWIRComm 1050

The Commission held that Messrs Blomfield and Wicks were properly redeployed as District Operators with Area Operator pay on a Present Occupant Only basis as per the 1989 agreement, and that there were no grounds to extend the LWFA-based increases to them, since they are not parties to those agreements or the positions to which those increases relate.

Parties
Notifier: Electrical Trades Union of Australia, New South Wales Branch; Respondent: Energy Australia
Jurisdiction
Australia
Judgment Date
24 March 2006
Procedural Posture
Industrial Dispute / Final Decision
Outcome
No grounds for Commission to intervene - Application dismissed
Legal Topics
Classification of Employees, Redeployment Policy, Local Workplace Flexibility Agreements, Present Occupant Only Status
Industrial Relations Employment Law Classification of Employees Redeployment Policy Local Workplace Flexibility Agreements Present Occupant Only Status

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Parties

Electrical Trades Union of Australia, New South Wales Branch

Notifier

Energy Australia

Respondent

Procedural Posture

Industrial Dispute / Final Decision

Legal Issues

  1. 1 Whether Messrs Blomfield and Wicks, as District Operators on Present Occupant Only status, should be entitled to receive Area Operator pay rates as increased by Local Workplace Flexibility Agreements.

Ratio Decidendi

The Commission held that Messrs Blomfield and Wicks were properly redeployed as District Operators with Area Operator pay on a Present Occupant Only basis as per the 1989 agreement, and that there were no grounds to extend the LWFA-based increases to them, since they are not parties to those agreements or the positions to which those increases relate.

Court Disposition

No grounds for Commission to intervene - Application dismissed