New South Wales Local Government Clerical, Administrative, Energy, Airlines and Utilities Union v Liverpool City Council [2024] NSWIRComm 11

New South Wales Local Government Clerical, Administrative, Energy, Airlines and Utilities Union v Liverpool City Council [2024] NSWIRComm 11

Both parties should confer and agree on a process for ongoing consultation, as required by Clause 42(iii)(a) of the Local Government (State) Award 2023, particularly via the joint consultative committee, and establish protocols for informing the union of significant budget changes affecting workforce size and composition.

Parties
Notifier: New South Wales Local Government Clerical, Administrative, Energy, Airlines and Utilities Union; Respondent: Liverpool City Council
Jurisdiction
Australia
Judgment Date
18 November 2024
Procedural Posture
Industrial Dispute / Recommendation and Conciliation
Outcome
Recommendation made; matter stood over for further report and directions.
Legal Topics
Public Sector, Recruitment and Hiring, Consultation Obligations
Employment and Industrial Law Public Sector Recruitment and Hiring Consultation Obligations

Case Brief

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Parties

New South Wales Local Government Clerical, Administrative, Energy, Airlines and Utilities Union

Notifier

Liverpool City Council

Respondent

Procedural Posture

Industrial Dispute / Recommendation and Conciliation

Legal Issues

  1. 1 Whether Liverpool City Council breached consultation obligations under Clause 42 of the Local Government (State) Award 2023 by failing to adequately consult the union regarding workforce changes and vacancies

Ratio Decidendi

Both parties should confer and agree on a process for ongoing consultation, as required by Clause 42(iii)(a) of the Local Government (State) Award 2023, particularly via the joint consultative committee, and establish protocols for informing the union of significant budget changes affecting workforce size and composition.

Court Disposition

Recommendation made; matter stood over for further report and directions.

Orders

  • The parties are to confer and agree within one week on a timetable of meetings to conclude by 6 December 2024 to address processes for ongoing consultation and notification of budget changes affecting workforce size and composition.
  • Specified representatives are to attend discussions, with provision for other assisting persons and for union delegate participation to be explored.