New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union v Hornsby Shire Council [2020] NSWIRComm 1073

New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union v Hornsby Shire Council [2020] NSWIRComm 1073

Balancing the factors in cl 19(viii), the requirement that Mr Robinson work two five-hour weekend overtime shifts per month was not unreasonable. There was no identified safety risk, notice was not in issue, the respondent had a genuine operational need for weekend cleaning work and equitable distribution of weekend overtime, and exempting Mr Robinson would affect other employees. Although Mr Robinson's relationship with and support for his granddaughter were important personal circumstances, the evidence did not show that working from 5 am to 10 am on two Saturdays per month would significantly impair his capacity to maintain that relationship or provide family support, particularly...

Jurisdiction
Australia
Judgment Date
26 October 2020
Procedural Posture
Industrial Dispute Concerning a Direction to Work Weekend Overtime / Principal Judgment After Hearing; Notifier Sought Recommendations Under S 136(1)(a) and S 175 of the Industrial Relations Act 1996 (nsw)
Outcome
Application dismissed; recommendations sought by the notifier declined.
Legal Topics
['reasonable Overtime' 'regular Weekend Overtime' 'personal Circumstances and Carer Responsibilities' 'operational Needs' 'award Interpretation' 'notice' 'health and Safety Risk']
['employment Law' 'industrial Relations'] ['reasonable Overtime' 'regular Weekend Overtime' 'personal Circumstances and Carer Responsibilities' 'operational Needs' 'award Interpretation' 'notice' 'health and Safety Risk']

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Procedural Posture

Industrial Dispute Concerning a Direction to Work Weekend Overtime / Principal Judgment After Hearing; Notifier Sought Recommendations Under S 136(1)(a) and S 175 of the Industrial Relations Act 1996 (nsw)

Legal Issues

  1. 1 ["Whether the respondent's direction that Mr Rodney Robinson work overtime on either two out of every four and/or three out of every four weekends was permitted by the Local Government (State) Award 2017, particularly cl 19A(viii)." 'Whether requiring Mr Robinson to work two five-hour overtime shifts per month on weekend days was reasonable or unreasonable having regard to risk, personal circumstances including family and carer responsibilities, workplace needs, notice and any other relevant matter.' 'Whether the Commission should recommend that Mr Robinson not be required to work overtime on weekends.']

Ratio Decidendi

Balancing the factors in cl 19(viii), the requirement that Mr Robinson work two five-hour weekend overtime shifts per month was not unreasonable. There was no identified safety risk, notice was not in issue, the respondent had a genuine operational need for weekend cleaning work and equitable distribution of weekend overtime, and exempting Mr Robinson would affect other employees. Although Mr Robinson's relationship with and support for his granddaughter were important personal circumstances, the evidence did not show that working from 5 am to 10 am on two Saturdays per month would significantly impair his capacity to maintain that relationship or provide family support, particularly...

Court Disposition

Application dismissed; recommendations sought by the notifier declined.

Orders

  • ['The proceedings are concluded.']