MultiServ Pty Limited v. Australian Workers Union and the Transport Workers Union of New South Wales [2006] NSWIRComm 1062

The dispute was resolved by conciliation with the employees undertaking an immediate return to work and the parties agreeing to continue discussions with a report back date set.

Jurisdiction: Australia
Judgment Date: 06 April 2006
Procedural Posture: Industrial Dispute / Conference After Notification Under S.130 Industrial Relations Act 1996
Outcome: matter resolved by conciliation, parties to report back after further discussions
Legal Topics: ['industrial Dispute' 'stop Work Meeting' 'work Stoppage' 'conciliation' 'use of Contractors']

['industrial Relations'] ['industrial Dispute' 'stop Work Meeting' 'work Stoppage' 'conciliation' 'use of Contractors']

Case Brief

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Procedural Posture

Industrial Dispute / Conference After Notification Under S.130 Industrial Relations Act 1996

Legal Issues

1 ['Whether employees failed to follow proper procedures for dispute resolution under the Metserv Award' 'Alleged failure to provide essential services during industrial action as per the Metserv Award' 'Alleged breach of no extra claims clause in the Metserv Award' 'Claim for payment for time lost due to stop work meeting']

Ratio Decidendi

The dispute was resolved by conciliation with the employees undertaking an immediate return to work and the parties agreeing to continue discussions with a report back date set.

Court Disposition

matter resolved by conciliation, parties to report back after further discussions

Orders

['Parties to report back to the Commission following discussions in a conference set for Monday, 10 April 2006.']