The Australian Workers’ Union, New South Wales v Industrial Relations Secretary (Department of Planning, Industry and Environment) [2020] NSWIRComm 1042

Industrial Relations Commission New South Wales Medium Neutral Citation: The Australian Workers' Union, New South Wales v Industrial Relations Secretary (Department of Planning, Industry and Environment) [2020] NSWIRComm 1042 Hearing dates: 18, 19, 21 and 22 November 2019, 5 and 6 February 2020 Date of orders: 12 June 2020 Decision date: 12 June 2020 Jurisdiction: Industrial Relations Commission Before: Commissioner Sloan Decision: Recommendations made

Order that:

1. Matter 2018/205860 be adjourned to 10 July 2020 with liberty to apply on reasonable notice. If by that date neither party has sought to have the matter re-listed or requested an extension of time, the file will be closed.

2. Matter 2019/158580 be dismissed Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Awards and enterprise agreements – Interpretation – whether Award limits field officers at certain grades to operating "minor plant" – meaning of "minor plant" – whether Award precludes employer requiring field officers at certain grades to obtain, hold and utilise a medium rigid vehicle licence Legislation Cited: Heavy Vehicle National Law (NSW) Industrial Relations Act 1996 (NSW) ss 130, 146C Industrial Relations (Public Sector Conditions of Employment) Regulation 2014 (NSW) cl 6(1)(d) Road Transport (Driver Licensing) Regulation 2017 (NSW) cl 7(6) Cases Cited: New South Wales Nurses and Midwives' Association v Health Secretary on behalf of Western NSW Local Health District [2019] NSWIRComm 1025 Category: Principal judgment Parties: The Australian Workers' Union, New South Wales (Notifier)