Re Crown Employees (Public Sector - Salaries 2011) Award (No 2) [2011] NSWIRComm 95

Re Crown Employees (Public Sector - Salaries 2011) Award (No 2) [2011] NSWIRComm 95

Because the invalidity issues concerning the Amendment Act and Regulation were significant and certainty would be promoted by precise declaratory relief, the PSA was directed to file and serve a notice of motion and a Full Bench of the Commission in Court Session was listed to hear that motion. The award application and cross applications were directed to conciliation first because the parties appeared to agree that a 2.5 per cent increase was available, with disputes about operative date and restrictions on further claims potentially capable of resolution; any unresolved issues would then be heard by a Full Bench of the Commission.

Jurisdiction
Australia
Judgment Date
18 July 2011
Procedural Posture
Interlocutory Applications Concerning Public Sector Salaries Award Applications and Cross Applications / Directions Hearing
Outcome
Directions made.
Legal Topics
['public Sector Salaries Awards' 'validity of Industrial Relations Amendment (public Sector Conditions of Employment) Act 2011' 'validity of Industrial Relations (public Sector Conditions of Employment) Regulation 2011' 'no Extra Claims Clauses' 'conciliation and Arbitration Directions']
['industrial Relations' 'constitutional Law' 'administrative Law'] ['public Sector Salaries Awards' 'validity of Industrial Relations Amendment (public Sector Conditions of Employment) Act 2011' 'validity of Industrial Relations (public Sector Conditions of Employment) Regulation 2011' 'no Extra Claims Clauses' 'conciliation and Arbitration Directions']

Case Brief

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Procedural Posture

Interlocutory Applications Concerning Public Sector Salaries Award Applications and Cross Applications / Directions Hearing

Legal Issues

  1. 1 ['Whether the challenge to the constitutional validity of the Industrial Relations Amendment (Public Sector Conditions of Employment) Act 2011 and the contention that the Industrial Relations (Public Sector Conditions of Employment) Regulation 2011 was not validly made should be determined by the Commission in Court Session.' 'Whether the PSA should file a notice of motion formulating the relief it seeks concerning invalidity.' "How and when the PSA's award application and the DPE and RTA cross applications should proceed, including conciliation and any later hearing." 'Whether issues concerning a 2.5 per cent salary increase, operative date, and any limitation on further claims might be resolved in conciliation.']

Ratio Decidendi

Because the invalidity issues concerning the Amendment Act and Regulation were significant and certainty would be promoted by precise declaratory relief, the PSA was directed to file and serve a notice of motion and a Full Bench of the Commission in Court Session was listed to hear that motion. The award application and cross applications were directed to conciliation first because the parties appeared to agree that a 2.5 per cent increase was available, with disputes about operative date and restrictions on further claims potentially capable of resolution; any unresolved issues would then be heard by a Full Bench of the Commission.

Court Disposition

Directions made.

Orders

  • ['The PSA shall, within 48 hours, file and serve a notice of motion setting out the relief it claims in relation to its challenge to the constitutional validity of the Amendment Act and its contention that the Regulation was not validly made.' "The Commission will sit as a Full Bench of the Commission in Court...