Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales dispute with the Royal Botanic Gardens [2000] NSWIRComm 197

Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales dispute with the Royal Botanic Gardens [2000] NSWIRComm 197

The substantial nature and principal purpose of the Property Co-ordinator role were managing and coordinating building construction, maintenance programs and property services, not horticultural work. The horticultural award classifications required horticultural experience or qualifications, while the position description required facilities management, building codes, OH&S, purchasing, accounting, budgeting, engineering and building construction knowledge and no horticultural qualifications. The position had historically been covered by the clerical award, the added duties did not substantially change its nature or responsibility, and cross-award or informal reporting lines did not...

Jurisdiction
Australia
Judgment Date
11 October 2000
Procedural Posture
Notification of Industrial Dispute Under Section 130 of the Industrial Relations Act 1996 / Decision and Recommendation After Unsuccessful Compulsory Conference and Conciliation
Outcome
The Commission recommended that the Property Co-ordinator position be covered by the clerical award and that the parties implement the decision.
Legal Topics
['award Coverage' 'classification of Property Co Ordinator Position' 'job Evaluation' 'clerical Award Versus Horticultural Award']
['industrial Relations' 'public Sector Employment'] ['award Coverage' 'classification of Property Co Ordinator Position' 'job Evaluation' 'clerical Award Versus Horticultural Award']

Case Brief

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Procedural Posture

Notification of Industrial Dispute Under Section 130 of the Industrial Relations Act 1996 / Decision and Recommendation After Unsuccessful Compulsory Conference and Conciliation

Legal Issues

  1. 1 ['Which of the competing awards applied to the position of Property Co-ordinator at the Royal Botanic Gardens.' 'Whether the position was covered by the Crown Employees (Administrative and Clerical Officers Salaries) Award or the Crown Employees (Parks and Gardens - Horticulture and Rangers Staff) Consent Award 1998.']

Ratio Decidendi

The substantial nature and principal purpose of the Property Co-ordinator role were managing and coordinating building construction, maintenance programs and property services, not horticultural work. The horticultural award classifications required horticultural experience or qualifications, while the position description required facilities management, building codes, OH&S, purchasing, accounting, budgeting, engineering and building construction knowledge and no horticultural qualifications. The position had historically been covered by the clerical award, the added duties did not substantially change its nature or responsibility, and cross-award or informal reporting lines did not...

Court Disposition

The Commission recommended that the Property Co-ordinator position be covered by the clerical award and that the parties implement the decision.

Orders

  • ['That the position of Property Co-ordinator, Royal Botanic Gardens is appropriately correctly covered by the terms and conditions of the Crown Employees (Administrative and Clerical Officers - Salaries) Award.' 'The parties take such steps as are necessary to implement the conclusions determined by this decision.'...