New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utility Union v Kiama Municipal Council [2021] NSWIRComm 1080

New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utility Union v Kiama Municipal Council [2021] NSWIRComm 1080

The Commission made the consent orders because it was satisfied that the proposed exemption and substitute salary progression arrangements were not contrary to the public interest, were in the best interests of the employees and employer, and that, given the COVID-19 pandemic's impact on Council and its financial position, serious consequences for employees and the employer would follow if the orders were not made. The matter had special attributes and was out of the ordinary so as to take it outside restrictions otherwise applying under the wage fixing principles.

Jurisdiction
Australia
Judgment Date
25 October 2021
Procedural Posture
Industrial Dispute Concerning Salary Progression Under the Local Government (state) Award 2020 / Consent Orders on Application for Exemption From Award Obligations
Outcome
Consent orders made pursuant to s 18 of the Industrial Relations Act 1996 (NSW).
Legal Topics
['industrial Dispute' 'consent Orders' 'exemption From Award Entitlements' 'salary Progression' 'economic Incapacity' 'covid 19 Financial Impact']
['industrial Relations' 'employment Law'] ['industrial Dispute' 'consent Orders' 'exemption From Award Entitlements' 'salary Progression' 'economic Incapacity' 'covid 19 Financial Impact']

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Procedural Posture

Industrial Dispute Concerning Salary Progression Under the Local Government (state) Award 2020 / Consent Orders on Application for Exemption From Award Obligations

Legal Issues

  1. 1 ["Whether Kiama Municipal Council should be granted an exemption under s 18 of the Industrial Relations Act 1996 (NSW) from clause 7 of the Local Government (State) Award 2020 to the extent it relates to salary progression and from the Council's Competency and Performance Review Protocol until 30 June 2022." 'Whether the proposed consent orders were not contrary to the public interest and were in the best interests of the employees and employer concerned.' 'Whether serious consequences for employees and the employer would arise if the orders were not made.']

Ratio Decidendi

The Commission made the consent orders because it was satisfied that the proposed exemption and substitute salary progression arrangements were not contrary to the public interest, were in the best interests of the employees and employer, and that, given the COVID-19 pandemic's impact on Council and its financial position, serious consequences for employees and the employer would follow if the orders were not made. The matter had special attributes and was out of the ordinary so as to take it outside restrictions otherwise applying under the wage fixing principles.

Court Disposition

Consent orders made pursuant to s 18 of the Industrial Relations Act 1996 (NSW).

Orders

  • ["Pursuant to section 18 of the Industrial Relations Act 1996, Kiama Municipal Council is granted an exemption from clause 7 of the Local Government (State) Award 2020, to the extent that the clause relates to salary progression, and the Council's Competency and Performance Review Protocol until 30 June 2022." "In...