New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union and Kempsey Shire Council [2015] NSWIRComm 26

New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union and Kempsey Shire Council [2015] NSWIRComm 26

The Council was not required by cl 20A(iii) of the Award to provide a different day off when an accrued or rostered day off would otherwise fall on a public holiday, because the clause only protects against reduction in ordinary pay on public holidays falling on days ordinarily worked, no employee had suffered such a reduction, and the Award did not recognise or provide for rostered days off.

Jurisdiction
Australia
Judgment Date
08 September 2015
Procedural Posture
Industrial Dispute Proceedings and Related Award Variation Proceedings / Statement Giving Preliminary Award Interpretation and Programming Directions
Outcome
Preliminary interpretation given; proceedings not finally disposed of; parties given opportunity to agree to further conciliation, otherwise matters to be listed for programming.
Legal Topics
['industrial Dispute' 'award Interpretation' 'rostered Days Off' 'public Holidays' 'ordinary Pay' 'conciliation' 'award Variation']
['industrial Relations' 'employment Law'] ['industrial Dispute' 'award Interpretation' 'rostered Days Off' 'public Holidays' 'ordinary Pay' 'conciliation' 'award Variation']

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Procedural Posture

Industrial Dispute Proceedings and Related Award Variation Proceedings / Statement Giving Preliminary Award Interpretation and Programming Directions

Legal Issues

  1. 1 ['Whether, under cl 20A(iii) of the Local Government (State) Award 2014, where an accrued day off would ordinarily be rostered to fall on a public holiday, the employer is required to provide the employee with a day off on a different day.' 'Whether the Local Government (State) Award 2014 recognises or provides for rostered days off.' 'What further procedural steps should be taken in the unresolved industrial dispute proceedings and related award proceedings.']

Ratio Decidendi

The Council was not required by cl 20A(iii) of the Award to provide a different day off when an accrued or rostered day off would otherwise fall on a public holiday, because the clause only protects against reduction in ordinary pay on public holidays falling on days ordinarily worked, no employee had suffered such a reduction, and the Award did not recognise or provide for rostered days off.

Court Disposition

Preliminary interpretation given; proceedings not finally disposed of; parties given opportunity to agree to further conciliation, otherwise matters to be listed for programming.

Orders

  • ['The parties are granted seven days from the date of the Statement to inform the Full Bench whether there is a joint position that further conciliation of the dispute in Matter No IRC 879 of 2014 should take place before a member of the Full Bench.' "The parties' joint view is to be conveyed to Stanton C within...