Re Crown Employees Wages Staff (Rates of Pay) Award 2011 & Ors [2013] NSWIRComm 53

Re Crown Employees Wages Staff (Rates of Pay) Award 2011 & Ors [2013] NSWIRComm 53

The increases in remuneration or other conditions of employment referred to in cl 6(1)(a) of the Regulation are only those increases resulting from awards or orders made or varied by the Commission, whether by consent or in arbitration; increases required by Commonwealth law, such as superannuation guarantee increases, are not counted toward the 2.5% cap.

Parties
Applicant in Matter 258 of 2013: Audit Office of New South Wales; Respondent in Matters 264 and 413 of 2013: Australian Institute of Marine and Power Engineers; Applicant in Matters 352, 357 of 2013 and Respondent in Matters 371, 372, 375, 398, 430, 433, 442 of 2013: Australian Salaried Medical Officers' Federation (New South Wales); Applicant in Matters 324, 325, 401 and Respondent in 256, 257 and 263: Australian Workers Union; Applicant in Matters 403, 404, 405 and 406 of 2013: Construction, Forestry, Mining and Energy Union (New South Wales Branch); Respondent in Matters 256, 257, 324, 325, 403, 404 and 406 of 2013: Electrical Trades Union; Intervenor: Fire Brigade Employees Union; Applicant in Matters 367 to 387 and 424 to 442: Health Services Union NSW; Applicant in 261 of 2013: Landcom; Applicant in Matters 398 and 422 to 442 and Respondent in 352 and 367 to 387: NSW Ministry of Health; Intervenor: NSW Teachers Federation; Applicant in Matters 256 to 263 and 342 of 2013: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales; Respondent in 256, 257, 260, 262, 263 and 342: Secretary of the Treasury; Applicant in Matters 324, 325 and 401 of 2013: The Australian Workers' Union, New South Wales; Respondent in All Matters: Unions NSW; Respondent in Matter 257 of 2013: United Services Union; Respondent in Matters 256 and 324 of 2013: United Voice
Jurisdiction
Australia
Judgment Date
25 June 2013
Procedural Posture
Interlocutory Application / Full Bench Determination of Threshold Statutory Interpretation Issue
Outcome
Applications referred for determination in accordance with this decision
Legal Topics
Public Sector Employment, Employee Related Costs, Superannuation Contributions, Award Variations, Wages Policy Cap
Industrial Law Statutory Interpretation Public Sector Employment Employee Related Costs Superannuation Contributions Award Variations Wages Policy Cap

Case Brief

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Parties

Audit Office of New South Wales

Applicant in Matter 258 of 2013

Australian Institute of Marine and Power Engineers

Respondent in Matters 264 and 413 of 2013

Australian Salaried Medical Officers' Federation (New South Wales)

Applicant in Matters 352, 357 of 2013 and Respondent in Matters 371, 372, 375, 398, 430, 433, 442 of 2013

Australian Workers Union

Applicant in Matters 324, 325, 401 and Respondent in 256, 257 and 263

Construction, Forestry, Mining and Energy Union (New South Wales Branch)

Applicant in Matters 403, 404, 405 and 406 of 2013

Electrical Trades Union

Respondent in Matters 256, 257, 324, 325, 403, 404 and 406 of 2013

Fire Brigade Employees Union

Intervenor

Health Services Union NSW

Applicant in Matters 367 to 387 and 424 to 442

Landcom

Applicant in 261 of 2013

NSW Ministry of Health

Applicant in Matters 398 and 422 to 442 and Respondent in 352 and 367 to 387

NSW Teachers Federation

Intervenor

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

Applicant in Matters 256 to 263 and 342 of 2013

Secretary of the Treasury

Respondent in 256, 257, 260, 262, 263 and 342

The Australian Workers' Union, New South Wales

Applicant in Matters 324, 325 and 401 of 2013

Unions NSW

Respondent in All Matters

United Services Union

Respondent in Matter 257 of 2013

United Voice

Respondent in Matters 256 and 324 of 2013

Procedural Posture

Interlocutory Application / Full Bench Determination of Threshold Statutory Interpretation Issue

Legal Issues

  1. 1 Whether an increase in employer superannuation contributions under Commonwealth law is an increase in employee-related costs for purposes of cl 6(1)(a) of the Industrial Relations (Public Sector Conditions of Employment) Regulation 2011
  2. 2 Whether the 2.5% cap in cl 6(1)(a) applies only to increases resulting from orders or awards of the Commission
  3. 3 Whether the cost of guaranteed minimum employment conditions should discount the wage increase available under cl 6(1)(a)

Ratio Decidendi

The increases in remuneration or other conditions of employment referred to in cl 6(1)(a) of the Regulation are only those increases resulting from awards or orders made or varied by the Commission, whether by consent or in arbitration; increases required by Commonwealth law, such as superannuation guarantee increases, are not counted toward the 2.5% cap.

Court Disposition

Applications referred for determination in accordance with this decision

Orders

  • Applications are referred to Boland J, President for disposal in accordance with the decision
  • Parties directed to confer and present extent of agreement before 5 July 2013