Re Crown Employees Wages Staff (Rates of Pay) Award 2011 & Ors (No 2) [2013] NSWIRComm 76

Re Crown Employees Wages Staff (Rates of Pay) Award 2011 & Ors (No 2) [2013] NSWIRComm 76

Because the Industrial Relations Act 1996 requires consideration of the public interest, including the state of the New South Wales economy and the likely economic effect of Commission decisions, the Secretary of the Treasury had to be given an opportunity to present evidence and submissions opposing a 2.5 per cent increase on budgetary and economic grounds. However, the Commission considered that, prima facie, a 2.5 per cent increase was available under s 146C and the Regulation, with the onus on parties opposing it to justify a lesser increase. The Commission therefore made directions for evidence and submissions rather than immediately varying the awards.

Jurisdiction
Australia
Judgment Date
06 September 2013
Procedural Posture
Interlocutory Applications to Vary Public Sector Awards by Increasing Rates of Pay and Allowances / Interlocutory Decision and Directions
Outcome
Directions made for the Commission to hear evidence and submissions on whether an increase of 2.5 per cent was sustainable or whether the increase should be 2.27 per cent as proposed by the Secretary.
Legal Topics
['public Sector Awards' 'rates of Pay and Allowances' 'superannuation Contribution Increases' 'public Interest and State Economy' 'interlocutory Directions']
['industrial Relations' 'public Sector Employment'] ['public Sector Awards' 'rates of Pay and Allowances' 'superannuation Contribution Increases' 'public Interest and State Economy' 'interlocutory Directions']

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Procedural Posture

Interlocutory Applications to Vary Public Sector Awards by Increasing Rates of Pay and Allowances / Interlocutory Decision and Directions

Legal Issues

  1. 1 ['Whether the Commission should immediately vary the relevant awards to increase rates of pay and allowances by 2.5 per cent.' 'Whether the Secretary of the Treasury should be given an opportunity to present evidence and submissions that any increase beyond 2.27 per cent was not sustainable on budgetary and economic grounds.' 'Whether, in light of s 146C of the Industrial Relations Act 1996 and the Industrial Relations (Public Sector Conditions of Employment) Regulation 2011, a 2.5 per cent increase was prima facie available and who bore the onus of showing a lesser amount was warranted.']

Ratio Decidendi

Because the Industrial Relations Act 1996 requires consideration of the public interest, including the state of the New South Wales economy and the likely economic effect of Commission decisions, the Secretary of the Treasury had to be given an opportunity to present evidence and submissions opposing a 2.5 per cent increase on budgetary and economic grounds. However, the Commission considered that, prima facie, a 2.5 per cent increase was available under s 146C and the Regulation, with the onus on parties opposing it to justify a lesser increase. The Commission therefore made directions for evidence and submissions rather than immediately varying the awards.

Court Disposition

Directions made for the Commission to hear evidence and submissions on whether an increase of 2.5 per cent was sustainable or whether the increase should be 2.27 per cent as proposed by the Secretary.

Orders

  • ['The Commission as presently constituted will sit at 10.00 am on Monday 30 September and Tuesday 1 October 2013 to hear evidence and submissions.' "Noting that the Secretary's evidence has already been filed and there is no indication from any other employer party of a desire to file evidence, the employer parties...