Australia Case Law

The Australian Workers’ Union, New South Wales v Industrial Relations Secretary in respect of the Department of Planning and Environment

The Australian Workers’ Union, New South Wales v Industrial Relations Secretary in respect of the Department of Planning and Environment [2023] NSWIRComm 1118

The Commission found no breach in the Department’s rostering practices, but recommended managers be told not to direct employees to take recreation leave for public holidays.

• Industrial disputes
• Award interpretation
• Rostering practices
• Recreation leave
• Public holidays
• Industrial-disputes

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Banozic v Industrial Relations Secretary in respect of the Department of Communities and Justice (Corrective Services NSW)

Banozic v Industrial Relations Secretary in respect of the Department of Communities and Justice (Corrective Services NSW) [2023] NSWIRComm 1038

The Commission dismissed an industrial dispute for want of jurisdiction, holding that award dispute clauses do not themselves confer jurisdiction absent a statutory basis.

• Industrial relations commission jurisdiction
• Dispute resolution provisions
• Award interpretation
• Industrial-relations-commission-jurisdiction
• Award-dispute-resolution
• Employment-discipline

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Australasian Meat Industry Employees Union v Dick Stone Pty Ltd

Australasian Meat Industry Employees Union v Dick Stone Pty Ltd [2022] FCA 512

The Federal Court held Dick Stone’s Regents Park site was a meat retail establishment, not processing, and found several Award and NES contraventions.

• Award interpretation
• Overtime entitlement
• Classification of employment
• National employment standards (nes)
• Provision of statutory information
• Superannuation underpayment

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Public Service Association and Professional Officers’ Association Amalgamated Union of New South Wales v New South Wales Rural Fire Service (Camping Allowance)

Public Service Association and Professional Officers’ Association Amalgamated Union of New South Wales v New South Wales Rural Fire Service (Camping Allowance) [2021] NSWIRComm 1042

The Commission dismissed an industrial dispute about camping and equipment allowances for RFS staff staying at base camps during major incidents.

• Industrial dispute
• Award interpretation
• Allowance entitlement
• Accommodation for rfs employees
• Major incident conditions
• Award-interpretation

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Public Service Association and Professional Officers’ Association Amalgamated Union of New South Wales v Transport for NSW

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

The Commission held that clause 8.7(c) of the Award includes reasonable travel time during working time, entitling two PSA delegates to paid special leave for 17 September 2020.

• Award interpretation
• Special leave
• Union delegate entitlements
• Attendance at union meetings
• Industrial dispute resolution
• Award-interpretation

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Australian Salaried Medical Officers’ Federation (NSW) v Health Secretary in respect of the Western Sydney Local Health District

The Commission held the radiologists’ dispute was an “issue” under the award, so the status quo had to be maintained while issue resolution procedures ran.

• Award interpretation
• Status quo provision
• Issue resolution process
• Industrial dispute
• Private practice rights
• Rosters

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Health Secretary in respect of Western NSW Local Health District v Health Services Union NSW

Health Secretary in respect of Western NSW Local Health District v Health Services Union NSW [2019] NSWIRComm 1086

The Full Bench refused leave to appeal in a dispute about Patient Transport Officer classification and back pay under the Health Employees (State) Award.

• Award interpretation
• Appointment to classification
• Industrial dispute
• Entitlement to back pay
• Award-interpretation
• Classification-dispute

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Laycock v J & C Independent Carriers Pty Ltd

Laycock v J & C Independent Carriers Pty Ltd [2019] FCA 1060

Federal Court appeal dismissed: opening and closing curtains, and strapping or unstrapping loads, were not found to be loading or unloading under the Award.

• Fair work act allowances
• Award interpretation
• Loading and unloading entitlement
• Industrial awards
• Award-interpretation
• Loading-and-unloading-allowance

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Health Services Union NSW v Secretary, Ministry of Health in respect of Western New South Wales Local Health District

Health Services Union NSW v Secretary, Ministry of Health in respect of Western New South Wales Local Health District [2019] NSWIRComm 1007

The Commission held four trainee patient transport officers were entitled to be classified and paid as patient transport officers from earlier dates and recommended back pay.

• Award interpretation
• Classification of employees
• Back pay claims
• Training requirements
• Public sector employment
• Award-interpretation

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Australian Salaried Medical Officers' Federation (New South Wales) v Hunter New England Local Health District

Australian Salaried Medical Officers' Federation (New South Wales) v Hunter New England Local Health District [2018] NSWIRComm 1050

The Commission recommended that the LHD continue paying Emergency Department Staff Specialists for public holidays when not rostered to work, pending award expiry.

• Public holiday entitlements
• Award interpretation
• Roster arrangements
• Conditions of employment
• Shift work
• Industrial-law

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