Re Crown Employees (Public Sector - Salaries 2011) Award (No 3) [2011] NSWIRComm 104

Re Crown Employees (Public Sector - Salaries 2011) Award (No 3) [2011] NSWIRComm 104

Because the Regulation currently applied and limited public sector employee-related cost increases to 2.5 per cent per annum absent offsetting savings, and because the PSA's validity challenge remained reserved in the Industrial Court, the Commission considered it preferable to vary the existing awards on an interim basis rather than make new awards. Exceptional circumstances justified an operative date from the first full pay period on or after 1 July 2011, including the timing of the PSA's proceedings and the later enactment of s 146C and the Regulation. The Commission declined to include a no extra claims provision at this stage because doing so could preclude the PSA's application...

Jurisdiction
Australia
Judgment Date
10 August 2011
Procedural Posture
Industrial Relations Commission Award Proceedings Concerning Public Sector Salaries and Counter Applications to Vary Awards / Principal Judgment on Proposed 2.5 Per Cent Salary Increase, No Extra Claims Provisions, Operative Date, and Adjournment Pending Industrial Court Judgment
Outcome
Awards varied to increase salaries and salary based allowances by 2.5 per cent from the beginning of the first pay period to commence on or after 1 July 2011; no no extra claims provision included at this stage; proceedings adjourned pending Industrial Court judgment.
Legal Topics
['public Sector Salary Awards' 'award Variation' 'industrial Relations (public Sector Conditions of Employment) Regulation 2011' 'no Extra Claims Provisions' 'operative Date' 'exceptional Circumstances']
['industrial Relations' 'public Sector Employment'] ['public Sector Salary Awards' 'award Variation' 'industrial Relations (public Sector Conditions of Employment) Regulation 2011' 'no Extra Claims Provisions' 'operative Date' 'exceptional Circumstances']

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Procedural Posture

Industrial Relations Commission Award Proceedings Concerning Public Sector Salaries and Counter Applications to Vary Awards / Principal Judgment on Proposed 2.5 Per Cent Salary Increase, No Extra Claims Provisions, Operative Date, and Adjournment Pending Industrial Court Judgment

Legal Issues

  1. 1 ['Whether existing public sector salary awards should be varied to increase salaries and salary based allowances by 2.5 per cent.' "Whether the 2.5 per cent increase should operate from 1 July 2011 or from the date of the Commission's decision." 'Whether any variation order should contain a no extra claims provision.' 'Whether the increase should be made by new awards or by variations to existing awards.' "Whether the PSA's application for salary increases beyond 2.5 per cent should proceed before determination of the validity challenge to s 146C and the Regulation."]

Ratio Decidendi

Because the Regulation currently applied and limited public sector employee-related cost increases to 2.5 per cent per annum absent offsetting savings, and because the PSA's validity challenge remained reserved in the Industrial Court, the Commission considered it preferable to vary the existing awards on an interim basis rather than make new awards. Exceptional circumstances justified an operative date from the first full pay period on or after 1 July 2011, including the timing of the PSA's proceedings and the later enactment of s 146C and the Regulation. The Commission declined to include a no extra claims provision at this stage because doing so could preclude the PSA's application...

Court Disposition

Awards varied to increase salaries and salary based allowances by 2.5 per cent from the beginning of the first pay period to commence on or after 1 July 2011; no no extra claims provision included at this stage; proceedings adjourned pending Industrial Court judgment.

Orders

  • ['The Crown Employees (Public Sector - Salaries) Award 2008, the Crown Employees (Roads and Traffic Authority of New South Wales - Salaried Staff Salaries and Conditions) Award 2008 and the Crown Employees (Roads and Traffic Authority of New South Wales - Salaried Staff Salaries) Award 2008 are varied to increase...