Public Service Association and Professional Officers’ Association Amalgamated Union of New South Wales v Transport for NSW [2021] NSWIRComm 1033

Public Service Association and Professional Officers’ Association Amalgamated Union of New South Wales v Transport for NSW [2021] NSWIRComm 1033

Attendance by a union delegate at a meeting within the meaning of clause 8.7(c) of the Award necessarily involves travel to and from the meeting. Paid special leave under clause 8.7 includes reasonable travel time occurring during what would otherwise be working time. Limiting 'attendance' to physical presence at the meeting is an unduly narrow construction inconsistent with the Award's purpose and objects of the Industrial Relations Act 1996.

Parties
Notifier/applicant: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales; Respondent: Transport for NSW
Jurisdiction
Australia
Judgment Date
23 April 2021
Procedural Posture
Industrial Dispute Notification / Determination of Entitlement to Special Leave
Outcome
Two PSA delegates are entitled to paid special leave for travel home on 17 September 2020 after attending the Central Council Planning Day.
Legal Topics
Award Interpretation, Special Leave, Union Delegate Entitlements, Attendance at Union Meetings, Industrial Dispute Resolution
Employment and Industrial Law Award Interpretation Special Leave Union Delegate Entitlements Attendance at Union Meetings Industrial Dispute Resolution

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Parties

Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales

Notifier/applicant

Transport for NSW

Respondent

Procedural Posture

Industrial Dispute Notification / Determination of Entitlement to Special Leave

Legal Issues

  1. 1 Whether clause 8.7 of the Roads and Maritime Services Consolidated Salaried Award 2019 includes paid special leave for reasonable travel time to and from union meetings.
  2. 2 Whether PSA delegates were entitled to paid special leave for travel home on 17 September 2020 after attendance at Central Council Planning Day.

Ratio Decidendi

Attendance by a union delegate at a meeting within the meaning of clause 8.7(c) of the Award necessarily involves travel to and from the meeting. Paid special leave under clause 8.7 includes reasonable travel time occurring during what would otherwise be working time. Limiting 'attendance' to physical presence at the meeting is an unduly narrow construction inconsistent with the Award's purpose and objects of the Industrial Relations Act 1996.

Court Disposition

Two PSA delegates are entitled to paid special leave for travel home on 17 September 2020 after attending the Central Council Planning Day.