Re Applications to vary awards pursuant to decisions in State Wage Cases 2011 and 2012 [2013] NSWIRComm 68

Re Applications to vary awards pursuant to decisions in State Wage Cases 2011 and 2012 [2013] NSWIRComm 68

The proposed variations were relevantly in the same terms as those before the Full Bench when it decided on 15 May 2013 to endorse the approach sought by Unions NSW, and the Commission was bound by that decision. In the face of consent by the nominal employer of public service employees and all other parties, and because the variations were not shown to be confusing or inconsistent with the Full Bench decision, AFEI's objections were not upheld. Subject to settlement of minutes and inclusion of a no extra claims clause, the variations should be made.

Jurisdiction
Australia
Judgment Date
16 August 2013
Procedural Posture
Applications to Vary Awards Pursuant to Section 17 of the Industrial Relations Act 1996 to Give Effect to Decisions in the State Wage Case 2011 and State Wage Case 2012 / Principal Judgment
Outcome
Applications granted subject to settlement of minutes of orders and inclusion of a no extra claims clause.
Legal Topics
['award Variation' 'state Wage Cases' 'state Peak Council Intervention' 'no Extra Claims Clause' 'public Sector Employment']
['industrial Relations' 'employment Law'] ['award Variation' 'state Wage Cases' 'state Peak Council Intervention' 'no Extra Claims Clause' 'public Sector Employment']

Case Brief

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Procedural Posture

Applications to Vary Awards Pursuant to Section 17 of the Industrial Relations Act 1996 to Give Effect to Decisions in the State Wage Case 2011 and State Wage Case 2012 / Principal Judgment

Legal Issues

  1. 1 ['Whether the proposed variations to the 19 awards listed in [3] were consistent with the Full Bench decision of 15 May 2013.' 'Whether AFEI had a sufficient industrial interest to maintain objections to the proposed award variations as a State Peak Council or through its member, the Sydney Cricket and Sports Ground Trust.' 'Whether the draft orders were confusing or improper because they expressed two increases of 2.5 per cent from 16 December 2011 and 16 December 2012 respectively.' 'Whether the variations should include a no extra claims provision.']

Ratio Decidendi

The proposed variations were relevantly in the same terms as those before the Full Bench when it decided on 15 May 2013 to endorse the approach sought by Unions NSW, and the Commission was bound by that decision. In the face of consent by the nominal employer of public service employees and all other parties, and because the variations were not shown to be confusing or inconsistent with the Full Bench decision, AFEI's objections were not upheld. Subject to settlement of minutes and inclusion of a no extra claims clause, the variations should be made.

Court Disposition

Applications granted subject to settlement of minutes of orders and inclusion of a no extra claims clause.

Orders

  • ['Subject to the settlement of minutes of the orders, and subject to the inclusion of the no extra claims clause, the variations sought in relation to the awards listed in [3] are to be made in the terms of the schedule to each application.']