Application for Crown Employees (Public Sector – Salaries 2020) Award and Other Matters [2020] NSWIRComm 1044

Industrial Relations Commission New South Wales Medium Neutral Citation: Application for Crown Employees (Public Sector – Salaries 2020) Award and Other Matters [2020] NSWIRComm 1044 Hearing dates: 18 June 2020 Date of orders: 22 June 2020 Decision date: 22 June 2020 Jurisdiction: Industrial Relations Commission Before: Chief Commissioner Constant, Commissioner Murphy and Commissioner Sloan Decision: To the question:

Does the Government policy declared in clause 6(1)(a) of the Industrial Relations (Public Sector Conditions of Employment) Regulation 2014 require the Commission to ensure that public sector employees be awarded increases in remuneration or other conditions of employment of 2.5% per annum?

The answer is "No". Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Awards and enterprise agreements – Approval and creation – discretion of Commission to award increases – whether Commission required to award increases to salaries and salary-related allowances each year – s 146C Industrial Relations Act 1996 (NSW) – cl 6(1)(a) Industrial Relations (Public Sector Conditions of Employment) Regulation 2014 Legislation Cited: Government Sector Employment Act 2013 (NSW) s 50 Health Services Act 1997 (NSW) s 116(3) Income Tax Assessment Act 1936 (Cth) s 46(3) Independent Commission Against Corruption Act 1988 (NSW) s 104(9) Industrial Relations Act 1996 (NSW) ss 10, 17, 146, 146C, 167 Industrial Relations (Public Sector Conditions of Employment) Regulation 2014 (NSW) cll 4, 5, 6 Industrial Relations (Public Sector Conditions of Employment) Regulation 2011 (NSW) Interpretation Act 1987 (NSW) ss 5(2), 9 Landcom Corporation Act 2001 (NSW) Police Act 1990 (NSW) s 85 Proceeds of Crime Act 2002 (Cth) ss 92,102 Public Finance and Audit Act 1983 (NSW) s 33E Cases Cited: Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (Northern Territory) (2009) 239 CLR 27; [2009] HCA 41 Baini v The Queen (2012) 246 CLR 469; [2012] HCA 59 Collector of Customs v Agfa-Gevaert Limited (1996) 186 CLR 389 Commissioner of Police v Hart (2018) 262 CLR 76; [2018] HCA 1 Federal Commissioner of Taxation v Consolidated Media Holdings Limited (2012) 250 CLR 503; [2012] HCA 55 Finance Facilities Pty Ltd v FCT (1971) 127 CLR 106; [1971] HCA 12 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28 Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales and Department of Education and Communities (2013) 233 IR 345; [2013] NSWIRComm 32 Public Service Association and Professional Officers' Association Amalgamated [Union] of New South Wales v Director of Public Employment (2012) 250 CLR 343; [2012] HCA 58 Re Crown Employees Wages Staff (Rates of Pay) Award 2011 & Ors (No 3) (2013) 240 IR 24; [2013] NSWIRComm 109 Secretary of the Treasury v Public Service Association and Professional Officers' Association Amalgamated Union (NSW) (2014) 89 NSWLR 688; (2014) 244 IR 44; [2014] NSWCA 138 SZTAL v Minister for Immigration and Border Protection (2017) 262 CLR 361; [2017] HCA 34 Taylor v Attorney-General (Cth) (2019) 93 ALJR 1044; [2019] HCA 30 Taylor v Owners – Strata Plan No 11564 (2014) 253 CLR 531; [2014] HCA 9 Thiess v Collector of Customs and Others (2014) 250 CLR 664; [2014] HCA 12 Texts Cited: Industrial Relations Amendment (Public Sector Conditions of Employment) Bill 2011 Category: Procedural and other rulings Parties: Applicants: