Roads and Maritime Services and The Australian Workers' Union, New South Wales [2013] NSWIRComm 105

Roads and Maritime Services and The Australian Workers' Union, New South Wales [2013] NSWIRComm 105

The Workers Compensation Legislation (Amendment) Act 2012 introduced new statutory step-down provisions for weekly compensation payments but did not expressly or by necessary implication abolish or limit award provisions allowing workers compensation top-up from accrued sick leave. There was no conflict between the amended workers compensation regime and cl 6.5.2(b) of the existing Award, and the top-up provision remained a beneficial condition accessible only from an existing sick leave entitlement. Making the new award with a similar top-up provision was therefore consistent with the Industrial Relations Act 1996 and the obligation to set fair and reasonable conditions of employment.

Jurisdiction
Australia
Judgment Date
06 December 2013
Procedural Posture
Application for a New Award, Application to Vary an Award, and Notified Industrial Dispute / Arbitration of Remaining Issue Concerning Whether the New Award Should Include a Workers Compensation Top Up Provision
Outcome
Award to be made with a workers compensation top-up provision; parties directed to confer on the terms of the provision.
Legal Topics
['making of Award' 'workers Compensation Top Up Payment' 'accrued Sick Leave' 'public Sector Wages Policy' 'fair and Reasonable Conditions of Employment' 'second Reading Speech and Extrinsic Materials']
['industrial Relations' 'workers Compensation' 'public Sector Employment' 'statutory Interpretation'] ['making of Award' 'workers Compensation Top Up Payment' 'accrued Sick Leave' 'public Sector Wages Policy' 'fair and Reasonable Conditions of Employment' 'second Reading Speech and Extrinsic Materials']

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Procedural Posture

Application for a New Award, Application to Vary an Award, and Notified Industrial Dispute / Arbitration of Remaining Issue Concerning Whether the New Award Should Include a Workers Compensation Top Up Provision

Legal Issues

  1. 1 ['Whether the proposed Roads and Maritime Services Division of the Government Service of New South Wales (Wages Staff) Award 2013 should include a provision permitting injured employees to use accrued sick leave to top up workers compensation payments.' 'Whether the Workers Compensation Legislation (Amendment) Act 2012 rendered the existing workers compensation top-up clause obsolete or inconsistent with the workers compensation regime.' 'Whether top-up sick leave provisions discourage return to work or are contrary to the purpose of the amended workers compensation legislation.']

Ratio Decidendi

The Workers Compensation Legislation (Amendment) Act 2012 introduced new statutory step-down provisions for weekly compensation payments but did not expressly or by necessary implication abolish or limit award provisions allowing workers compensation top-up from accrued sick leave. There was no conflict between the amended workers compensation regime and cl 6.5.2(b) of the existing Award, and the top-up provision remained a beneficial condition accessible only from an existing sick leave entitlement. Making the new award with a similar top-up provision was therefore consistent with the Industrial Relations Act 1996 and the obligation to set fair and reasonable conditions of employment.

Court Disposition

Award to be made with a workers compensation top-up provision; parties directed to confer on the terms of the provision.

Orders

  • ['The parties are to confer with a view to endeavouring to agree on the terms of the top-up provision within seven days of the date of the decision.' 'The Commission will hear the parties at 10.00am on Tuesday 17 December 2013 to determine the terms of an appropriate top-up provision in the Award.' "In light of the...