Macquarie Generation v Construction, Forestry, Mining and Energy Union (NSW Branch) and ors re acting in higher grade [2003] NSWIRComm 10

Macquarie Generation v Construction, Forestry, Mining and Energy Union (NSW Branch) and ors re acting in higher grade [2003] NSWIRComm 10

A collective refusal to act in higher grade is not supported by the award. Objection to acting in higher grade must be considered individually based on circumstances. The evidence indicates Macquarie Generation complied with its undertaking regarding disadvantage, and excessive acting in higher grade should be...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
07 February 2003
Procedural Posture
Industrial Dispute / Final Judgment
Outcome
Proceedings concluded
Legal Topics
['award Interpretation' 'acting in Higher Grade' 'annualised Salary' 'classification Restructure' 'industrial Action']
['industrial Relations'] ['award Interpretation' 'acting in Higher Grade' 'annualised Salary' 'classification Restructure' 'industrial Action']

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Procedural Posture

Industrial Dispute / Final Judgment

Legal Issues

  1. 1 ['Whether Macquarie Generation may require employees to act in higher grade under the award' 'Application of reasonable and practical requirements for acting in higher grade' 'Compliance with undertaking that Liddell operators would not be disadvantaged compared to Bayswater operators']

Ratio Decidendi

A collective refusal to act in higher grade is not supported by the award. Objection to acting in higher grade must be considered individually based on circumstances. The evidence indicates Macquarie Generation complied with its undertaking regarding disadvantage, and excessive acting in higher grade should be remedied through additional staffing.

Court Disposition

Proceedings concluded

Orders

  • ['The matters IRC 6496 of 1999 and IRC 4164 of 2000 are concluded.' 'Any objection to acting in higher grade must be made individually per the award.' 'Recommendation for appointment of additional personnel to remedy excess acting in higher grade.']