Notification under s130 by Australian Services Union of NSW of a dispute with Sydney Water re the direct appointment of an employee without their consent [2000] NSWIRComm 64

Notification under s130 by Australian Services Union of NSW of a dispute with Sydney Water re the direct appointment of an employee without their consent [2000] NSWIRComm 64

Sydney Water had completely disregarded the agreed procedures for appointing a redeployee to a substantive position by failing to conduct the required interview and consultation with Mr Mainstone and by treating redundancy as the alternative to a direct appointment. In those circumstances Mr Mainstone had not rejected a reasonable offer; rather, no reasonable offer of appointment had been made to him, and he retained the right to interview, consultation and acceptance of an offer of substantive employment.

Jurisdiction
Australia
Judgment Date
05 May 2000
Procedural Posture
Notification Under S130 of the Industrial Relations Act 1996 of an Industrial Dispute / Arbitration Decision After Failed Conciliation
Outcome
Orders made in favour of Mr Mainstone's right to interview, consultation and acceptance of an offer of substantive employment; leave to apply on 24 hours' notice.
Legal Topics
['redeployment' 'voluntary Redundancy' 'consultation Procedures' 'direct Appointment to Substantive Position' 'award Compliance']
['industrial Relations' 'employment' 'public Sector Employment'] ['redeployment' 'voluntary Redundancy' 'consultation Procedures' 'direct Appointment to Substantive Position' 'award Compliance']

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Procedural Posture

Notification Under S130 of the Industrial Relations Act 1996 of an Industrial Dispute / Arbitration Decision After Failed Conciliation

Legal Issues

  1. 1 ['Whether Sydney Water could directly appoint Mr Mainstone, a redeployee, to a substantive position without his consent and state that his only alternative was redundancy.' 'Whether Sydney Water complied with agreed consultation and redeployment procedures before appointing Mr Mainstone to the Office Manager, Retail Business position.' 'Whether Mr Mainstone had the right to interview, consultation and acceptance of an offer of substantive employment after seeking redeployment rather than redundancy.']

Ratio Decidendi

Sydney Water had completely disregarded the agreed procedures for appointing a redeployee to a substantive position by failing to conduct the required interview and consultation with Mr Mainstone and by treating redundancy as the alternative to a direct appointment. In those circumstances Mr Mainstone had not rejected a reasonable offer; rather, no reasonable offer of appointment had been made to him, and he retained the right to interview, consultation and acceptance of an offer of substantive employment.

Court Disposition

Orders made in favour of Mr Mainstone's right to interview, consultation and acceptance of an offer of substantive employment; leave to apply on 24 hours' notice.

Orders

  • ['Mr Mainstone has the right to interview, consultation and acceptance of an offer of substantive employment given his position has been declared surplus to requirements and he has sought redeployment rather than redundancy.' 'Sydney Water and Mr Mainstone with the Australian Services Union have formal consultation...