New South Wales Consolidated Acts

LOCAL GOVERNMENT ACT 1993 - SECT 340

340 Industrial arbitration excluded

(1) In this section, a reference to the employment of the general manager is a reference to--

(a) the appointment of, or failure to appoint, a person to the vacant position of general manager, or

(b) the removal, retirement, termination of employment or other cessation of office of the general manager or another senior staff member, or

(c) the remuneration or conditions of employment of the general manager or another senior staff member.

(2) The employment of the general manager, or any matter, question or dispute relating to any such employment, is not an industrial matter for the purposes of the Industrial Relations Act 1996 .

(3) Subsection (2) applies whether or not any person has been appointed to the vacant position of general manager.

(4) No award, agreement, contract determination or order made or taken to have been made or continued in force under the Industrial Relations Act 1996 , whether made before or after the commencement of this section, has effect in relation to the employment of a general manager.

(5) No proceedings for an order in the nature of prohibition, certiorari or mandamus or for a declaration or injunction or for any other relief, lie in respect of the appointment of or failure to appoint a person to the position of general manager, the entitlement or non-entitlement of a person to be so appointed or the validity or invalidity of any such appointment.