Child Protection (Working with Children) Award 2014 [2015] NSWIRComm 8

Child Protection (Working with Children) Award 2014 [2015] NSWIRComm 8

Because all affected awards were varied within the previous 12 months to address remuneration and allowances, s 146C of the Act and the Regulation preclude further award-making in respect of those issues, and the Commission thus has no jurisdiction to make the sought new award; accordingly, the application is summarily dismissed.

Parties
Applicant on the Primary Application; Respondent on the Motion: Unions NSW; Respondent on the Primary Application; Applicant on the Motion: Secretary of the Treasury; Respondent on the Primary Application; Applicant on the Motion: NSW Department of Education & Communities; Respondent on the Primary Application: Secretary, NSW Ministry of Health; Respondent on the Primary Application: Aged & Community Services Association of N.S.W. & ACT Incorporated; Respondent on the Primary Application: Ageing, Disability and Home Care; Respondent on the Primary Application: Anti-Discrimination Board of New South Wales; Respondent on the Primary Application: Australian Federation of Employers and Industries; Respondent on the Primary Application: Board of Studies, Teaching and Educational Standards; Respondent on the Primary Application: Corrective Services NSW; Respondent on the Primary Application: Department of Family and Community Services; Respondent on the Primary Application: Director General, Department of Transport; Respondent on the Primary Application: Health Administration Corporation; Respondent on the Primary Application: Health Care Complaints Commission; Respondent on the Primary Application: Leading Age Services Australia NSW – ACT; Respondent on the Primary Application: Local Government and Shires Association of New South Wales; Respondent on the Primary Application: Minister for Finance and Services; Respondent on the Primary Application: NSW Business Chamber Limited; Respondent on the Primary Application: NSW Police Force; Respondent on the Primary Application: New South Wales Rural Fire Service; Respondent on the Primary Application: NSW Technical and Further Education Commission; Respondent on the Primary Application: Roads and Maritime Services; Respondent on the Primary Application: State Transit Authority of New South Wales; Respondent on the Primary Application: Australian Rail, Tram and Bus Industry Union, New South Wales; Respondent on the Primary Application: Australian Salaried Medical Officers' Federation (New South Wales); Respondent on the Primary Application: Emergency Medical Services Protection Association (NSW); Respondent on the Primary Application: Health Services Union NSW; Respondent on the Primary Application: New South Wales Independent Education Union; Respondent on the Primary Application: New South Wales Nurses and Midwives' Association; Respondent on the Primary Application: New South Wales Teachers Federation; Respondent on the Primary Application: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales; Respondent on the Primary Application: The Broken Hill Town Employees' Union; Respondent on the Primary Application: United Voice, New South Wales Branch
Jurisdiction
Australia
Judgment Date
19 March 2015
Procedural Posture
Application for New Industrial Award; Notice of Motion for Summary Dismissal / Full Bench Decision on Summary Dismissal
Outcome
Application summarily dismissed
Legal Topics
Summary Dismissal, Jurisdiction of Industrial Relations Commission, Statutory Construction, Public Sector Employment Policies, Award Variations, Expense Related Allowances
Industrial Law Employment Law Summary Dismissal Jurisdiction of Industrial Relations Commission Statutory Construction Public Sector Employment Policies Award Variations Expense Related Allowances

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Parties

Unions NSW

Applicant on the Primary Application; Respondent on the Motion

Secretary of the Treasury

Respondent on the Primary Application; Applicant on the Motion

NSW Department of Education & Communities

Respondent on the Primary Application; Applicant on the Motion

Secretary, NSW Ministry of Health

Respondent on the Primary Application

Aged & Community Services Association of N.S.W. & ACT Incorporated

Respondent on the Primary Application

Ageing, Disability and Home Care

Respondent on the Primary Application

Anti-Discrimination Board of New South Wales

Respondent on the Primary Application

Australian Federation of Employers and Industries

Respondent on the Primary Application

Board of Studies, Teaching and Educational Standards

Respondent on the Primary Application

Corrective Services NSW

Respondent on the Primary Application

Department of Family and Community Services

Respondent on the Primary Application

Director General, Department of Transport

Respondent on the Primary Application

Health Administration Corporation

Respondent on the Primary Application

Health Care Complaints Commission

Respondent on the Primary Application

Leading Age Services Australia NSW – ACT

Respondent on the Primary Application

Local Government and Shires Association of New South Wales

Respondent on the Primary Application

Minister for Finance and Services

Respondent on the Primary Application

NSW Business Chamber Limited

Respondent on the Primary Application

NSW Police Force

Respondent on the Primary Application

New South Wales Rural Fire Service

Respondent on the Primary Application

NSW Technical and Further Education Commission

Respondent on the Primary Application

Roads and Maritime Services

Respondent on the Primary Application

State Transit Authority of New South Wales

Respondent on the Primary Application

Australian Rail, Tram and Bus Industry Union, New South Wales

Respondent on the Primary Application

Australian Salaried Medical Officers' Federation (New South Wales)

Respondent on the Primary Application

Emergency Medical Services Protection Association (NSW)

Respondent on the Primary Application

Health Services Union NSW

Respondent on the Primary Application

New South Wales Independent Education Union

Respondent on the Primary Application

New South Wales Nurses and Midwives' Association

Respondent on the Primary Application

New South Wales Teachers Federation

Respondent on the Primary Application

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

Respondent on the Primary Application

The Broken Hill Town Employees' Union

Respondent on the Primary Application

United Voice, New South Wales Branch

Respondent on the Primary Application

Procedural Posture

Application for New Industrial Award; Notice of Motion for Summary Dismissal / Full Bench Decision on Summary Dismissal

Legal Issues

  1. 1 Whether the Commission has jurisdiction to make the Child Protection (Working with Children) Award 2014
  2. 2 Whether the application should be summarily dismissed due to previous variations to relevant awards within last 12 months
  3. 3 Interpretation of s 146C of Industrial Relations Act 1996 and the Regulation

Ratio Decidendi

Because all affected awards were varied within the previous 12 months to address remuneration and allowances, s 146C of the Act and the Regulation preclude further award-making in respect of those issues, and the Commission thus has no jurisdiction to make the sought new award; accordingly, the application is summarily dismissed.

Court Disposition

Application summarily dismissed

Orders

  • The application for the Child Protection (Working with Children) Award 2014 is dismissed.
  • The parties may file any submission, in writing, as to the proper title of the applicant on the Notice of Motion within seven days of the date of this decision.