Automotive, Food, Metals, Engineering, Printing and Kindred Industies Union v. Transfield Services (Australia) Pty Limited [2005] NSWIRComm 1181

Automotive, Food, Metals, Engineering, Printing and Kindred Industies Union v. Transfield Services (Australia) Pty Limited [2005] NSWIRComm 1181

Because the parties had reached agreement but the Commission could only vary the State awards in the arbitration phase, the certificate of attempted conciliation was issued and the Commission proceeded to arbitration; there was no barrier to varying the two State Transfield Awards by annexing schedules that gave effect to the parties' agreement.

Jurisdiction
Australia
Judgment Date
07 November 2005
Procedural Posture
Dispute Notification Under S.130 of the Industrial Relations Act, 1996 Re Procedure for Engaging Casual Employees / Compulsory Conference Proceedings Proceeded to Arbitration After Certificate of Attempted Conciliation Issued Under S.135(2)
Outcome
Certificate of attempted conciliation issued; matter proceeded to hearing; the Commission gave formal effect to the parties' agreement by varying the two State Transfield Awards.
Legal Topics
['variation to Award' 'compulsory Conference Proceedings' 'engagement of Casual Employees' 'conciliation and Arbitration Jurisdiction']
['industrial Relations' 'employment Law'] ['variation to Award' 'compulsory Conference Proceedings' 'engagement of Casual Employees' 'conciliation and Arbitration Jurisdiction']

Case Brief

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Procedural Posture

Dispute Notification Under S.130 of the Industrial Relations Act, 1996 Re Procedure for Engaging Casual Employees / Compulsory Conference Proceedings Proceeded to Arbitration After Certificate of Attempted Conciliation Issued Under S.135(2)

Legal Issues

  1. 1 ['Whether the Commission could vary the two State Transfield Awards in S.130 proceedings to give effect to an agreement reached by the parties in conciliation.' 'Whether a certificate of attempted conciliation under S.135(2) was required before the Commission could enter arbitration and make or vary a State award under S.136(1)(b).']

Ratio Decidendi

Because the parties had reached agreement but the Commission could only vary the State awards in the arbitration phase, the certificate of attempted conciliation was issued and the Commission proceeded to arbitration; there was no barrier to varying the two State Transfield Awards by annexing schedules that gave effect to the parties' agreement.

Court Disposition

Certificate of attempted conciliation issued; matter proceeded to hearing; the Commission gave formal effect to the parties' agreement by varying the two State Transfield Awards.

Orders

  • ['The two State Transfield Awards are varied in terms of the exhibits provided in the hearing.' 'The variations are effective from the beginning of the first pay period to commence on or after Monday, 7 November, 2005.']