New South Wales Local Government, Clerical, Administrative, Energy Airlines and Utilities Union v Warringah Council [2015] NSWIRComm 1012

New South Wales Local Government, Clerical, Administrative, Energy Airlines and Utilities Union v Warringah Council [2015] NSWIRComm 1012

The application for an award does not satisfy the Special Case Principle, as the conditions sought do not reflect special or out-of-the-ordinary circumstances and the existing underpinning award is fair and reasonable. The award application is therefore refused, but orders are appropriate in the industrial dispute to preserve certain aspects of the status quo for a defined period to provide fairness and certainty to employees.

Parties
Notifier and Applicant: New South Wales Local Government, Clerical, Administrative, Energy Airlines and Utilities Union; Respondent: Warringah Council
Jurisdiction
Australia
Judgment Date
20 July 2015
Procedural Posture
Application for Award in Industrial Dispute / Decision After Hearing
Outcome
Award application refused. Orders made in the industrial dispute to preserve the new roster and salary projections for twelve months.
Legal Topics
Application for Award, Enterprise Agreement Termination, Special Case Principle, Industrial Dispute, Roster Changes, Employee Entitlements
Industrial Law Application for Award Enterprise Agreement Termination Special Case Principle Industrial Dispute Roster Changes Employee Entitlements

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

New South Wales Local Government, Clerical, Administrative, Energy Airlines and Utilities Union

Notifier and Applicant

Warringah Council

Respondent

Procedural Posture

Application for Award in Industrial Dispute / Decision After Hearing

Legal Issues

  1. 1 Whether an award should be made replacing the enterprise agreement under the Special Case Principle
  2. 2 Whether the circumstances justify an award to preserve prior employment conditions
  3. 3 What orders should be made to resolve the industrial dispute after the enterprise agreement's termination

Ratio Decidendi

The application for an award does not satisfy the Special Case Principle, as the conditions sought do not reflect special or out-of-the-ordinary circumstances and the existing underpinning award is fair and reasonable. The award application is therefore refused, but orders are appropriate in the industrial dispute to preserve certain aspects of the status quo for a defined period to provide fairness and certainty to employees.

Court Disposition

Award application refused. Orders made in the industrial dispute to preserve the new roster and salary projections for twelve months.

Orders

  • The new roster is to commence from the first full pay period 21 days from the date of this decision.
  • The roster is to be used without variation for twelve months from commencement.