Public Service Association and Professional Officers’ Association Amalgamated Union of New South Wales v Secretary of the Department of Education; Application for Crown Employees (School Administrative and Support Staff) Award 2022; [2022] NSWIRComm 1075

Public Service Association and Professional Officers’ Association Amalgamated Union of New South Wales v Secretary of the Department of Education; Application for Crown Employees (School Administrative and Support Staff) Award 2022; [2022] NSWIRComm 1075

The Full Bench determined that the first application notified on 15 July 2022 gave rise to the making of the new award and that, in the prevailing high-inflation environment and given the Department’s delay in bargaining, exceptional circumstances existed justifying a retrospective commencement date for the award as of 15 July 2022. The award should have a one-year nominal term to permit access to additional increases potentially available under cl 6A of the Regulation in the subsequent financial year. The previous (2019) award should be rescinded in consequence.

Parties
Notifier in 2022/209536/respondent in 2022/227698 (the Psa): Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales; Respondent in 2022/209536/applicant in 2022/227698 (the Department): Secretary of the Department of Education
Jurisdiction
Australia
Judgment Date
15 September 2022
Procedural Posture
Industrial Dispute/application for New Award / Determination and Orders on Applications for Making a New Award and Rescission of Previous Award
Outcome
New award made; previous award rescinded.
Legal Topics
Industrial Disputes, Awards, Applications for New Award, Commencement Date, Nominal Term of Award, Exceptional Circumstances, Remuneration
Employment and Industrial Law Industrial Disputes Awards Applications for New Award Commencement Date Nominal Term of Award Exceptional Circumstances Remuneration

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Parties

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

Notifier in 2022/209536/respondent in 2022/227698 (the Psa)

Secretary of the Department of Education

Respondent in 2022/209536/applicant in 2022/227698 (the Department)

Procedural Posture

Industrial Dispute/application for New Award / Determination and Orders on Applications for Making a New Award and Rescission of Previous Award

Legal Issues

  1. 1 What is the appropriate commencement date of the Crown Employees (School Administrative and Support Staff) Award 2022?
  2. 2 What is the appropriate nominal term of the new award?
  3. 3 Do exceptional circumstances exist justifying a retrospective commencement date?

Ratio Decidendi

The Full Bench determined that the first application notified on 15 July 2022 gave rise to the making of the new award and that, in the prevailing high-inflation environment and given the Department’s delay in bargaining, exceptional circumstances existed justifying a retrospective commencement date for the award as of 15 July 2022. The award should have a one-year nominal term to permit access to additional increases potentially available under cl 6A of the Regulation in the subsequent financial year. The previous (2019) award should be rescinded in consequence.

Court Disposition

New award made; previous award rescinded.

Orders

  • Pursuant to s 10 of the Industrial Relations Act 1996, the Crown Employees (School Administrative and Support Staff) Award 2022 is made in the form annexed, commencing 15 July 2022, with increased salaries payable from the first full pay period on or after that date; the award has a nominal term of one year,...
  • Pursuant to s 17(3)(a) of the Act, the Crown Employees (School Administrative and Support Staff) Award 2019 is rescinded.