Construction, Forestry, Mining and Energy Union (New South Wales Branch) and Macquarie Generation [2009] NSWIRComm 160

Construction, Forestry, Mining and Energy Union (New South Wales Branch) and Macquarie Generation [2009] NSWIRComm 160

Adoption of the 'BlueScope model', involving alternative preparatory and investigatory procedures, materially contributed to the successful resolution of a complex industrial dispute through agreement between the parties, rather than via traditional Commission adversarial process.

Jurisdiction
Australia
Judgment Date
30 September 2009
Procedural Posture
Industrial Dispute Notification Under S 130 of the Industrial Relations Act 1996 / Statement of Resolution by Full Bench Following Alternative Dispute Resolution Procedures
Outcome
Industrial dispute resolved by agreement between the parties using the 'BlueScope model'.
Legal Topics
['industrial Dispute Resolution' 'dispute Resolution Models' 'interpretation of Enterprise Agreements' 'employment Classification Processes']
['industrial Law'] ['industrial Dispute Resolution' 'dispute Resolution Models' 'interpretation of Enterprise Agreements' 'employment Classification Processes']

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Procedural Posture

Industrial Dispute Notification Under S 130 of the Industrial Relations Act 1996 / Statement of Resolution by Full Bench Following Alternative Dispute Resolution Procedures

Legal Issues

  1. 1 ['Whether Macquarie Generation could use tradespersons intermittently as operators without specific agreement under the enterprise agreement' 'Interpretation of the relevant enterprise agreement clauses regarding operator appointments and training' "Appropriateness and efficacy of using the 'BlueScope model' for dispute resolution"]

Ratio Decidendi

Adoption of the 'BlueScope model', involving alternative preparatory and investigatory procedures, materially contributed to the successful resolution of a complex industrial dispute through agreement between the parties, rather than via traditional Commission adversarial process.

Court Disposition

Industrial dispute resolved by agreement between the parties using the 'BlueScope model'.

Orders

  • ["Agreement described as the 'Macquarie Generation Production Technician Restructuring Agreement' annexed and noted as resolution of the dispute."]