Crown Employees (Police Officers - 2009) Award (No 2) [2012] NSWIRComm 104

Crown Employees (Police Officers - 2009) Award (No 2) [2012] NSWIRComm 104

The Commission found that while the case for an increase under the work value sub-principle was modest, the case under the productivity and efficiency sub-principle was relatively strong; after balancing this with fiscal restraint needs and prior wage increases, wage increases above the interim award were justified, provided with moderation and spreading of impact over three years. Special allowances and pay scales for FSG Experts and Police Prosecutors were granted as claimed; the interim award was rescinded; and the cross-application by the Commissioner was dismissed.

Parties
Applicant IRC 325 of 2011/respondent IRC 1284 of 2011: Police Association of New South Wales; Respondent IRC 325 of 2011/applicant IRC 1284 of 2011: Commissioner of Police, NSW Police Force
Jurisdiction
Australia
Judgment Date
14 September 2012
Procedural Posture
Industrial Award Variation Application and Cross Application / First Stage (stage 1) – Decision on General Wage Claim, Specialist Claims and Remedy, Prior to Stage 2
Outcome
Application to vary award granted in part; cross-application dismissed.
Legal Topics
Wage Fixing, Work Value Assessment, Public Sector Employment Conditions, Police Remuneration, Award Variation, Arbitrated Case Principle, Public Interest
Industrial Law Wage Fixing Work Value Assessment Public Sector Employment Conditions Police Remuneration Award Variation Arbitrated Case Principle Public Interest

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Parties

Police Association of New South Wales

Applicant IRC 325 of 2011/respondent IRC 1284 of 2011

Commissioner of Police, NSW Police Force

Respondent IRC 325 of 2011/applicant IRC 1284 of 2011

Procedural Posture

Industrial Award Variation Application and Cross Application / First Stage (stage 1) – Decision on General Wage Claim, Specialist Claims and Remedy, Prior to Stage 2

Legal Issues

  1. 1 Whether work value and productivity justifies wage increases above the interim award for NSW police officers
  2. 2 Appropriate quantification of salary increases under the Arbitrated Case Principle
  3. 3 Whether fiscal and economic conditions warrant restraint in wage increases

Ratio Decidendi

The Commission found that while the case for an increase under the work value sub-principle was modest, the case under the productivity and efficiency sub-principle was relatively strong; after balancing this with fiscal restraint needs and prior wage increases, wage increases above the interim award were justified, provided with moderation and spreading of impact over three years. Special allowances and pay scales for FSG Experts and Police Prosecutors were granted as claimed; the interim award was rescinded; and the cross-application by the Commissioner was dismissed.

Court Disposition

Application to vary award granted in part; cross-application dismissed.

Orders

  • Salaries and salary-related allowances for police officers varied to provide increases above the interim award: 3.5% in the first year, 3.2% in the second year, and 3.2% in the third year (in substitution for previous interim adjustments).
  • Award varied to provide Forensic Service Group Expert Allowance of $15,000 from the first full pay period on or after 29 March 2012 (in substitution for existing SDA for the group).