Industrial Relations Secretary & Ors v Public Service Association and Professional Officers’ Association Amalgamated Union of New South Wales & Ors [2024] NSWIRComm 5

Industrial Relations Secretary & Ors v Public Service Association and Professional Officers’ Association Amalgamated Union of New South Wales & Ors [2024] NSWIRComm 5

Joint hearings will be ordered for certain industrial disputes where there is substantial overlap of evidence and legal and factual issues, especially regarding wage increases, 'no extra claims' clauses, and award terms; exceptions apply for disputes with significant award-specific issues that would disrupt the established timetable or require separate consideration. Joinder does not compel same outcomes for all parties, and parties remain at liberty to have distinct issues decided separately if warranted by the circumstances of their specific award or dispute.

Parties
First Applicant: Industrial Relations Secretary; Second Applicant: Secretary of the Department of Education; Third Applicant: Secretary, Transport for NSW; First Respondent: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales; Second Respondent: Unions NSW; Third Respondent: Australian Workers' Union, NSW; Fourth Respondent: United Workers' Union NSW Branch; Fifth Respondent: Electrical Trades Union of Australia NSW Branch; Sixth Respondent: NSW Plumbers and Gasfitters Employees' Union NSW Branch; Seventh Respondent: Construction, Forestry and Maritime Employees' Union NSW Branch; Eighth Respondent: Transport Workers' Union of Australia NSW; Ninth Respondent: Media, Entertainment and Arts Alliance NSW; Tenth Respondent: Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union NSW Branch
Jurisdiction
Australia
Judgment Date
26 September 2024
Procedural Posture
Procedural Ruling — Joinder of Industrial Dispute Proceedings for Hearing Together / Preliminary Application Before Final Award Hearing
Outcome
Joinder granted in part; specific disputes to be heard together for both interim and final relief, exceptions made for two identified disputes as to final relief.
Legal Topics
Consolidation of Proceedings, Case Management, Joinder of Industrial Disputes
Industrial Relations Civil Procedure Consolidation of Proceedings Case Management Joinder of Industrial Disputes

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Parties

Industrial Relations Secretary

First Applicant

Secretary of the Department of Education

Second Applicant

Secretary, Transport for NSW

Third Applicant

Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales

First Respondent

Unions NSW

Second Respondent

Australian Workers' Union, NSW

Third Respondent

United Workers' Union NSW Branch

Fourth Respondent

Electrical Trades Union of Australia NSW Branch

Fifth Respondent

NSW Plumbers and Gasfitters Employees' Union NSW Branch

Sixth Respondent

Construction, Forestry and Maritime Employees' Union NSW Branch

Seventh Respondent

Transport Workers' Union of Australia NSW

Eighth Respondent

Media, Entertainment and Arts Alliance NSW

Ninth Respondent

Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union NSW Branch

Tenth Respondent

Procedural Posture

Procedural Ruling — Joinder of Industrial Dispute Proceedings for Hearing Together / Preliminary Application Before Final Award Hearing

Legal Issues

  1. 1 Whether multiple industrial dispute proceedings should be joined and heard together
  2. 2 Whether hearing together risks inconvenience or prejudice to parties
  3. 3 Whether orders should bind parties to the same outcome

Ratio Decidendi

Joint hearings will be ordered for certain industrial disputes where there is substantial overlap of evidence and legal and factual issues, especially regarding wage increases, 'no extra claims' clauses, and award terms; exceptions apply for disputes with significant award-specific issues that would disrupt the established timetable or require separate consideration. Joinder does not compel same outcomes for all parties, and parties remain at liberty to have distinct issues decided separately if warranted by the circumstances of their specific award or dispute.

Court Disposition

Joinder granted in part; specific disputes to be heard together for both interim and final relief, exceptions made for two identified disputes as to final relief.

Orders

  • Each of the dispute proceedings in matters 2024/238279, 2024/243271, 2024/243257, 2024/243299, 2024/243294, 2024/238950, 2024/244274, 2024/274778 is to be heard together with the arbitration of matters 2024/237120 and 2024/237303 for final relief.
  • Proceedings 2024/237268 and 2024/238958 are to be heard together with 2024/237120 and 2024/237303 only for the purpose of determining interim relief.