Crown Employees (Public Sector - Salaries 2008) Award and another [2008] NSWIRComm 193

Crown Employees (Public Sector - Salaries 2008) Award and another [2008] NSWIRComm 193

The awards were made because the parties consented to them after accepting a Recommendation under s 134(2), the Memorandum of Understanding reflected that Recommendation, the proposed awards had overwhelming industrial merit in balancing the parties' industrial interests, and the awards conformed with the Industrial Relations Act 1996, including ss 10 and 19, and the wage fixing principles.

Jurisdiction
Australia
Judgment Date
16 October 2008
Procedural Posture
Applications for New Awards in the Public Sector / Final Determination on Consent After Conciliation and a Recommendation Under S 134(2) of the Industrial Relations Act 1996
Outcome
Awards made and confirmed.
Legal Topics
['awards' 'public Sector Salaries' 'consent Awards' 'wage Fixing Principles' 'recommendation Under S 134(2)' 'memorandum of Understanding' 'no Extra Claims Clause' 'agency Level Improvement Initiatives']
['industrial Relations' 'employment Law'] ['awards' 'public Sector Salaries' 'consent Awards' 'wage Fixing Principles' 'recommendation Under S 134(2)' 'memorandum of Understanding' 'no Extra Claims Clause' 'agency Level Improvement Initiatives']

Case Brief

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Procedural Posture

Applications for New Awards in the Public Sector / Final Determination on Consent After Conciliation and a Recommendation Under S 134(2) of the Industrial Relations Act 1996

Legal Issues

  1. 1 ['Whether the Commission should make the Crown Employees (Public Sector - Salaries 2008) Award and the Crown Employees (Roads and Traffic Authority of New South Wales - Salaried Staff Salaries and Conditions of Employment) Award 2008 on consent.' "What significance should be given to the parties' consent, the Memorandum of Understanding, and the Recommendation under s 134(2) of the Industrial Relations Act 1996." 'Whether the proposed awards conformed with the requirements of the Industrial Relations Act 1996 and the wage fixing principles.']

Ratio Decidendi

The awards were made because the parties consented to them after accepting a Recommendation under s 134(2), the Memorandum of Understanding reflected that Recommendation, the proposed awards had overwhelming industrial merit in balancing the parties' industrial interests, and the awards conformed with the Industrial Relations Act 1996, including ss 10 and 19, and the wage fixing principles.

Court Disposition

Awards made and confirmed.

Orders

  • ['Crown Employees (Public Sector - Salaries 2008) Award made in terms of exhibit 1.' 'Crown Employees (Roads and Traffic Authority of New South Wales - Salaried Staff Salaries and Conditions of Employment) Award 2008 made in terms of exhibit 2, with altered numbering in cl 9.']