Notification under section 130 by Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales of a dispute with State Water Corporation and another re clause 11, subclause (8) [2006] NSWIRComm 1145

Notification under section 130 by Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales of a dispute with State Water Corporation and another re clause 11, subclause (8) [2006] NSWIRComm 1145

The claim failed because clause 11(8) of the Storages Award, read in context and with the prevailing public sector practice reflected in clause 22(f) of the Conditions Award, did not support treating an OIC's rostered day off as an absence giving rise to Higher Duties Allowance. The evidence did not prove any binding commitment by State Water to pay the allowance for RDOs, nor did it prove that Mr Walker was directed to perform the whole of the OIC's duties and assume the whole of the OIC's responsibilities. The work relied on was substantially within the 2IC position profile, for which Mr Walker was already remunerated.

Jurisdiction
Australia
Judgment Date
03 October 2006
Procedural Posture
Notification of Industrial Dispute and Small Claim Concerning Higher Duties Allowance / Arbitration Following Unsuccessful Compulsory Conferences; Final Decision
Outcome
Claim dismissed; Higher Duties Allowance entitlement not made out.
Legal Topics
['higher Duties Allowance' 'rostered Day Off' 'award Interpretation' 'small Claims Procedure']
['industrial Relations' 'employment Law'] ['higher Duties Allowance' 'rostered Day Off' 'award Interpretation' 'small Claims Procedure']

Case Brief

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Procedural Posture

Notification of Industrial Dispute and Small Claim Concerning Higher Duties Allowance / Arbitration Following Unsuccessful Compulsory Conferences; Final Decision

Legal Issues

  1. 1 ['Whether a Higher Duties Allowance was payable to a Water Infrastructure Officer - 2IC Major Gated Storage at Burrendong Dam when the Water Infrastructure Officer - OIC Major Gated Storage had a rostered day off.' "Whether the word 'absent' in clause 11(8) of the Crown Employees (State Water - Storages, Operations and River Infrastructure Staff) Award 2003 included absence on a rostered day off." 'Whether Mr Walker was directed or required to perform the whole of the duties and assume the whole of the responsibilities of the OIC position.' 'Whether the duties performed by Mr Walker were already included in and remunerated under the 2IC position profile.']

Ratio Decidendi

The claim failed because clause 11(8) of the Storages Award, read in context and with the prevailing public sector practice reflected in clause 22(f) of the Conditions Award, did not support treating an OIC's rostered day off as an absence giving rise to Higher Duties Allowance. The evidence did not prove any binding commitment by State Water to pay the allowance for RDOs, nor did it prove that Mr Walker was directed to perform the whole of the OIC's duties and assume the whole of the OIC's responsibilities. The work relied on was substantially within the 2IC position profile, for which Mr Walker was already remunerated.

Court Disposition

Claim dismissed; Higher Duties Allowance entitlement not made out.

Orders

  • ['The claim for payment of the Higher Duties Allowance to a Water Infrastructure Officer - 2IC Major Gated Storage at the Burrendong Dam when the Water Infrastructure Officer - OIC Major Gated Storage has a rostered day off has not been made out.' 'The claim on behalf of Mr Walker for payment of $4,823.91 as accrued...