Staff Specialists (State) Award and other awards [2017] NSWIRComm 1065

Staff Specialists (State) Award and other awards [2017] NSWIRComm 1065

Because clause 59 of Schedule 4 to the Industrial Relations Act 1996 provides that the Industrial Relations (Public Sector Conditions of Employment) Regulation 2014 is taken to be and has effect as a regulation validly made under s 146C, clause 6(1)(f) of that Regulation must be given effect. That clause prohibits policies regarding management of excess public sector employees from being incorporated into industrial instruments. The Ministry's applications for new awards directly raised that issue, and the proposed new awards otherwise met the statutory and other requirements. The Commission therefore granted the Ministry's applications for new awards and refused the Unions' variation...

Jurisdiction
Australia
Judgment Date
26 October 2017
Procedural Posture
Award Applications and Award Variation Applications / Principal Judgment
Outcome
Applications by the Ministry of Health for new awards granted; applications by ASMOF and HSU for variations refused.
Legal Topics
['award Making and Variation' 'public Sector Wages and Allowances' 'management of Excess Public Sector Employees' 'section 146 C Government Policy Regulations' 'validity and Effect of Industrial Relations (public Sector Conditions of Employment) Regulation 2014']
['industrial Relations' 'public Sector Employment'] ['award Making and Variation' 'public Sector Wages and Allowances' 'management of Excess Public Sector Employees' 'section 146 C Government Policy Regulations' 'validity and Effect of Industrial Relations (public Sector Conditions of Employment) Regulation 2014']

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Procedural Posture

Award Applications and Award Variation Applications / Principal Judgment

Legal Issues

  1. 1 ['Whether new or varied awards should contain existing clauses dealing with management of excess staff.' 'Whether the Commission was required to give effect to clause 6(1)(f) of the Industrial Relations (Public Sector Conditions of Employment) Regulation 2014 when making or varying awards.' "Whether the Ministry's applications for new awards should be granted instead of the Unions' applications for variations."]

Ratio Decidendi

Because clause 59 of Schedule 4 to the Industrial Relations Act 1996 provides that the Industrial Relations (Public Sector Conditions of Employment) Regulation 2014 is taken to be and has effect as a regulation validly made under s 146C, clause 6(1)(f) of that Regulation must be given effect. That clause prohibits policies regarding management of excess public sector employees from being incorporated into industrial instruments. The Ministry's applications for new awards directly raised that issue, and the proposed new awards otherwise met the statutory and other requirements. The Commission therefore granted the Ministry's applications for new awards and refused the Unions' variation...

Court Disposition

Applications by the Ministry of Health for new awards granted; applications by ASMOF and HSU for variations refused.

Orders

  • ["The Unions' applications for variation of the awards are dismissed." "There shall be new awards in the terms of Schedule 1 to each of the Ministry's applications."]