Health Employees Conditions of Employment (State) Award and other Awards [2011] NSWIRComm 129

Health Employees Conditions of Employment (State) Award and other Awards [2011] NSWIRComm 129

The Commission held that nothing in the amended s 146C of the Industrial Relations Act or cl 6 of the Regulation prevents the granting of an interim wage increase of up to 2.5%, even where further claims above that amount are sought and subject to cost offsets. Section 16(4) permitting interim awards remains effective, and a two-stage process allowing a preliminary 2.5% increase pending full adjudication of additional claims is consistent with both statutory and policy objectives. No clause mandating 'no extra claims' is required as an interim variation does not finally determine all issues.

Jurisdiction
Australia
Judgment Date
27 September 2011
Procedural Posture
Applications to Vary Awards Under Industrial Law / Decision on Applications for Interim and Varied Awards
Outcome
Applications granted to the extent of varying the listed awards by increasing wages, salaries and wage/salary-related allowances by 2.5% effective from 1 July 2011.
Legal Topics
['award Variation' 'public Sector Wage Fixation' 'statutory Interpretation']
['industrial Law' 'employment Law'] ['award Variation' 'public Sector Wage Fixation' 'statutory Interpretation']

Case Brief

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Procedural Posture

Applications to Vary Awards Under Industrial Law / Decision on Applications for Interim and Varied Awards

Legal Issues

  1. 1 ['Whether jurisdiction exists to make an interim award increasing salaries by 2.5%' "Whether inclusion of a 'no extra claims' clause is mandatory when varying an award" 'Construction and effect of s 146C of the Industrial Relations Act 1996 and cl 6 of the Industrial Relations (Public Sector Conditions of Employment) Regulation 2011' 'Effect of award variation on nominal term and subsequent claims']

Ratio Decidendi

The Commission held that nothing in the amended s 146C of the Industrial Relations Act or cl 6 of the Regulation prevents the granting of an interim wage increase of up to 2.5%, even where further claims above that amount are sought and subject to cost offsets. Section 16(4) permitting interim awards remains effective, and a two-stage process allowing a preliminary 2.5% increase pending full adjudication of additional claims is consistent with both statutory and policy objectives. No clause mandating 'no extra claims' is required as an interim variation does not finally determine all issues.

Court Disposition

Applications granted to the extent of varying the listed awards by increasing wages, salaries and wage/salary-related allowances by 2.5% effective from 1 July 2011.

Orders

  • ['Each of the Awards listed in Annexure A is varied as per the amended applications filed by HSUeast on 16 August 2011.' 'The variations shall take effect from the beginning of the first pay period to commence on or after 1 July 2011.']