The Australian Workers’ Union, New South Wales and Chief Executive, Office of Environment and Heritage [2015] NSWIRComm 15

The Australian Workers’ Union, New South Wales and Chief Executive, Office of Environment and Heritage [2015] NSWIRComm 15

The relief sought by the AWU, whether directing conversion of temporary employees to ongoing employment or directing the employer to consider and decide conversion, was directed at or related to the engagement or failure to engage temporary employees in ongoing employment as non-executive employees. Under ss 58(6) and 58(7) of the Government Sector Employment Act 2013 those matters are not industrial matters for the purposes of the Industrial Relations Act 1996 and are beyond the Commission's jurisdiction. Rule 12 of the Government Sector Employment Rules 2014 does not create a right to conversion after 12 months' service. The interim relief sought for Mr Brown would also cause engagement...

Jurisdiction
Australia
Judgment Date
10 June 2015
Procedural Posture
Dispute Notification Under S 130 of the Industrial Relations Act 1996 Concerning Industrial Matters / Decision on the Respondent's Notice of Motion to Strike Out or Dismiss the Dispute Notification and the Applicant's Application for Interim Relief
Outcome
Respondent's motion granted; application for interim order dismissed; application dismissed.
Legal Topics
['industrial Matters' 'commission Jurisdiction' 'temporary Employment' 'conversion to Ongoing Employment' 'engagement or Failure to Engage Non Executive Employees' 'interim Relief']
['industrial Relations' 'public Sector Employment'] ['industrial Matters' 'commission Jurisdiction' 'temporary Employment' 'conversion to Ongoing Employment' 'engagement or Failure to Engage Non Executive Employees' 'interim Relief']

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Procedural Posture

Dispute Notification Under S 130 of the Industrial Relations Act 1996 Concerning Industrial Matters / Decision on the Respondent's Notice of Motion to Strike Out or Dismiss the Dispute Notification and the Applicant's Application for Interim Relief

Legal Issues

  1. 1 ['Whether the dispute notification and relief sought concerning conversion of temporary employees to ongoing employment were industrial matters for the purposes of the Industrial Relations Act 1996.' "Whether ss 58(6) and 58(7) of the Government Sector Employment Act 2013 excluded the Commission's jurisdiction over the dispute." 'Whether rule 12 of the Government Sector Employment Rules 2014 created or supported a right to conversion from temporary employment to ongoing employment.' "Whether interim relief continuing Mr Dean Brown's employment was within the Commission's jurisdiction."]

Ratio Decidendi

The relief sought by the AWU, whether directing conversion of temporary employees to ongoing employment or directing the employer to consider and decide conversion, was directed at or related to the engagement or failure to engage temporary employees in ongoing employment as non-executive employees. Under ss 58(6) and 58(7) of the Government Sector Employment Act 2013 those matters are not industrial matters for the purposes of the Industrial Relations Act 1996 and are beyond the Commission's jurisdiction. Rule 12 of the Government Sector Employment Rules 2014 does not create a right to conversion after 12 months' service. The interim relief sought for Mr Brown would also cause engagement...

Court Disposition

Respondent's motion granted; application for interim order dismissed; application dismissed.

Orders

  • ['The application for an interim order is dismissed.' 'The application is dismissed.']