Australian Workers' Union, New South Wales (Technical, Administrative, Professional and Staff Branch) and Skilltech Consulting Services Pty Ltd [2006] NSWIRComm 148

Australian Workers' Union, New South Wales (Technical, Administrative, Professional and Staff Branch) and Skilltech Consulting Services Pty Ltd [2006] NSWIRComm 148

The existence and operation of AWAs do not exclude the union's statutory right under s298 of the Industrial Relations Act 1996 (NSW) to investigate suspected breaches of industrial laws or awards, including access to relevant employee records; rights conferred on authorised officers are not extinguished by federal exclusion provisions concerning awards. Orders for access are appropriate.

Jurisdiction
Australia
Judgment Date
04 May 2006
Procedural Posture
Industrial Dispute Notification Under S130 IR Act 1996 (nsw) / Arbitration After Certificate of Attempted Conciliation
Outcome
Orders for production of employee records and relevant documents granted to union.
Legal Topics
['union Right of Entry' 'award Coverage' 'australian Workplace Agreements' 'access to Employment Records']
['industrial Relations' 'employment Law'] ['union Right of Entry' 'award Coverage' 'australian Workplace Agreements' 'access to Employment Records']

Case Brief

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Procedural Posture

Industrial Dispute Notification Under S130 IR Act 1996 (nsw) / Arbitration After Certificate of Attempted Conciliation

Legal Issues

  1. 1 ["Does an Australian Workplace Agreement (AWA) exclude a union's right under s298 of the Industrial Relations Act 1996 (NSW) to investigate alleged breaches of an industrial award?" 'Has Skilltech Consulting Services Pty Ltd breached the Meter Readers and Field Officers (State) Award by denying access to records and failing to comply with award provisions?']

Ratio Decidendi

The existence and operation of AWAs do not exclude the union's statutory right under s298 of the Industrial Relations Act 1996 (NSW) to investigate suspected breaches of industrial laws or awards, including access to relevant employee records; rights conferred on authorised officers are not extinguished by federal exclusion provisions concerning awards. Orders for access are appropriate.

Court Disposition

Orders for production of employee records and relevant documents granted to union.

Orders

  • ["Skilltech Consulting Services Pty Ltd shall provide to an authorised officer of the Australian Workers' Union, New South Wales, all time and wages records and any other relevant documents covering its employees employed under the terms of the Meter Readers and Field Officers (State) Award." 'The above order shall...