Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales and the Department of Community Services [2002] NSWIRComm 33
Where an employee has worked sufficient hours, including carried forward credit hours, to satisfy flexible working hours system requirements for a settlement period, payment for all such hours is not precluded by s 143 of the Industrial Relations Act 1996, and employer must restore pay deductions made solely on the basis of industrial action within that period.
- Jurisdiction
- Australia
- Judgment Date
- 12 March 2002
- Procedural Posture
- Dispute Proceedings (small Claim) / Decision
- Outcome
- PSA claim granted
- Legal Topics
- ['strike Pay' 'deduction of Wages' 'flexible Working Hours' 'industrial Action' 'award Interpretation']
Case Brief
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Procedural Posture
Dispute Proceedings (small Claim) / Decision
Legal Issues
- 1 ['Whether the prohibition on strike pay under s 143 of the Industrial Relations Act 1996 requires actual deduction from pay where sufficient hours have been worked.' 'Whether deduction of pay for industrial action is consistent with the flexible working hours award provisions.']
Ratio Decidendi
Where an employee has worked sufficient hours, including carried forward credit hours, to satisfy flexible working hours system requirements for a settlement period, payment for all such hours is not precluded by s 143 of the Industrial Relations Act 1996, and employer must restore pay deductions made solely on the basis of industrial action within that period.
Court Disposition
PSA claim granted
Orders
- ['Restoration of deducted monies to Mr Catanach']
Full Case Text
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