Blacktown City Council v United Services Union [2023] NSWIRComm 1124

Blacktown City Council v United Services Union [2023] NSWIRComm 1124

The proposed collective refusal by relevant USU members to perform Christmas Day waste collection work was a ban, limitation or restriction affecting the performance of work and therefore industrial action for the purposes of the Act. Conciliation had failed, and the unchallenged evidence showed that about 27000 general waste bins would not be collected, creating likely pedestrian, traffic, health and safety risks. Having regard to the applicable public interest principles, the Commission exercised its discretion to make time-limited dispute orders and a direction requiring the USU to inform members of the orders.

Jurisdiction
Australia
Judgment Date
19 December 2023
Procedural Posture
Notification of Industrial Dispute Under S 130 of the Industrial Relations Act 1996 Concerning Proposed Work Bans by Waste Services Employees / Ex Tempore Decision After Compulsory Conference, Commission Recommendation, Failed Conciliation and Certificate of Attempted Conciliation
Outcome
Dispute orders made under section 137(1)(a) and a direction made under section 136(1)(a) of the Industrial Relations Act 1996 (NSW).
Legal Topics
['industrial Disputes' 'dispute Orders' 'industrial Action' 'public Interest' 'waste Services Work Bans']
['employment and Industrial Law'] ['industrial Disputes' 'dispute Orders' 'industrial Action' 'public Interest' 'waste Services Work Bans']

Case Brief

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Procedural Posture

Notification of Industrial Dispute Under S 130 of the Industrial Relations Act 1996 Concerning Proposed Work Bans by Waste Services Employees / Ex Tempore Decision After Compulsory Conference, Commission Recommendation, Failed Conciliation and Certificate of Attempted Conciliation

Legal Issues

  1. 1 ['Whether the proposed refusal by USU members to collect waste on Christmas Day constituted industrial action under the Industrial Relations Act 1996' 'Whether the Commission had jurisdiction to make dispute orders and directions' 'Whether the discretion to make dispute orders should be exercised in the public interest' 'What form and duration of orders should be made']

Ratio Decidendi

The proposed collective refusal by relevant USU members to perform Christmas Day waste collection work was a ban, limitation or restriction affecting the performance of work and therefore industrial action for the purposes of the Act. Conciliation had failed, and the unchallenged evidence showed that about 27000 general waste bins would not be collected, creating likely pedestrian, traffic, health and safety risks. Having regard to the applicable public interest principles, the Commission exercised its discretion to make time-limited dispute orders and a direction requiring the USU to inform members of the orders.

Court Disposition

Dispute orders made under section 137(1)(a) and a direction made under section 136(1)(a) of the Industrial Relations Act 1996 (NSW).

Orders

  • ["The United Services Union (USU), its officers, employees, agents and its members employed in Blacktown City Council's (Council) Waste Services Section (Relevant Members) must immediately cease organising and refrain from taking industrial action in regard to this specific matter." 'The USU, its officers,...