Application for Crown Employees (Public Sector – Salaries 2020) Award and Other Matters (No 2) [2020] NSWIRComm 1066

Industrial Relations Commission New South Wales Medium Neutral Citation: Application for Crown Employees (Public Sector – Salaries 2020) Award and Other Matters (No 2) [2020] NSWIRComm 1066 Hearing dates: 24 and 25 June, 14, 23, 24, 27, 30 and 31 July, 10, 11, 12 August 2020 Date of orders: 1 October 2020 Decision date: 01 October 2020 Jurisdiction: Industrial Relations Commission Before: Chief Commissioner Constant, Commissioner Murphy and Commissioner Sloan Decision: Determination that salaries and salary-related allowances in the awards the subject of the applications should be increased by 0.3% with effect from the first full pay period on or after 1 July 2020. Directions made to provide parties the opportunity to make submissions as to the form which the Commission's orders should take, including whether a lump sum should be awarded in lieu of a 0.3% increase to the salaries and salary-related allowances in the awards. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Awards – applications for increases to salaries and salary-related allowances in 41 awards – discretion of Commission to award increases – principles to apply in setting award conditions – whether awards provide fair and reasonable conditions of employment – whether increases necessary to ensure awards continue to provide fair and reasonable conditions of employment – whether historical increases are a relevant consideration – extent to which the state of the economy of NSW affects determination of award terms Legislation Cited: Fiscal Responsibility Act 2012 (NSW) ss 3, 6, 9 Government Sector Employment Act 2013 (NSW) s 50 Health Services Act 1997 (NSW) s 116(3) Independent Commission Against Corruption Act 1988 (NSW) s 104(9) Industrial Relations Act 1996 (NSW) ss 3, 10, 146, 146C Industrial Relations (Public Sector Conditions of Employment) Amendment (Temporary Wages Policy) Regulation 2020 (NSW) Industrial Relations (Public Sector Conditions of Employment) Regulation 2014 (NSW) cll 6, 9 Industrial Relations (Public Sector Conditions of Employment) Regulation 2011 (NSW) Landcom Corporation Act 2001 (NSW) Police Act 1990 (NSW) s 85 Public Finance and Audit Act 1983 (NSW) s 33E Uniform Civil Procedure Rules 2005 (NSW) Sch 7 Cases Cited: Annual Wage Review 2019-2020 [2020] FWCFB 3500 Application for Crown Employees (Public Sector – Salaries 2020) Award and Other Matters [2020] NSWIRComm 1044 City of Sydney Wages/Salary Award 2014 (2014) 247 IR 386; [2014] NSWIRComm 49 Crown Employees (Police Officers - 2009) Award (2012) 220 IR 1; [2012] NSWIRComm 23 Crown Employees (Police Officers – 2009) Award (No 2) [2012] NSWIRComm 104 Maan v Minister for Immigration and Citizenship (2009) 179 FCR 581 Re Crown Employees (Administrative and Clerical Officers State) Award and other Awards (No 2) (1993) 52 IR 243 Re Crown Employees (NSW Fire Brigade Retained Firefighting Staff) Award 2008 [2012] NSWIRComm 122 Re Crown Employees (Public Sector – Salaries 2011) Award (No 3) (2011) 210 IR 458; [2011] NSWIRComm 104 Re Crown Employees (Teachers in Schools and TAFE and Related Employees) Salaries and Conditions Award (2004) 133 IR 254; [2004] NSWIRComm 114 Re Crown Employees (Teachers) Award [1964] AR 463 Re Crown Employees Wages Staff (Rates of Pay) Award 2011 (No 3) (2013) 240 IR 24; [2013] NSWIRComm 109 Re Operational Ambulance Officers (State) Award (2001) 113 IR 384; [2001] NSWIRComm 331 Re Pastoral Industry (State) Award (2000) 104 IR 168; [2000] NSWIRComm 27 Re Public Hospital Nurses (State) Award (No 4) (2003) 131 IR 17; [2003] NSWIRComm 442 State Wage Case 2019 [2019] NSWIRComm 1065 Transport Industry – General Carriers Contract Determination (2016) 257 IR 294; [2016] NSWIRComm 3 Yacoub v Pilkington (Australia) Ltd [2007] NSWCA 290 Category: Principal judgment Parties: Applicants: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales New South Wales Nurses and Midwives' Association Health Services Union New South Wales Australian Salaried Medical Officers' Federation (New South Wales) Employer Respondents: Industrial Relations Secretary Health Secretary Commissioner of Police Chief Commissioner of the Independent Commission Against Corruption Landcom Auditor-General Union respondents: Australian Salaried Medical Officers' Federation (New South Wales) The Australian Workers' Union, New South Wales Health Services Union New South Wales Independent Education Union of Australia NSW/ACT Interveners: Unions NSW Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch Australian Education Union New South Wales Teachers Federation Branch Australian Services Union of NSW Fire Brigade Employees' Union of New South Wales New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union Representation: Applicants: M Gibian SC with A Slevin of Counsel (PSA, NMA, HSU) L Doust of Counsel (ASMOF) Respondents: I Taylor SC with M Easton and J McDonald of Counsel (Employer Respondents) A Hioe (IEU) J Shaw (AWU) Interveners: E Leverington (Unions NSW, AMWU, ASU, FBEU, USU) S Crawshaw SC (Teachers Federation) Solicitors: Maurice Blackburn (HSU) Hall Payne (ASMOF) Crown Solicitor (Employer Respondents) File Number(s): 2020/79899, 2020/141023, 2020/141054, 2020/141076, 2020/142592, 2020/143576, 2020/143834, 2020/143934, 2020/144112, 2020/144177, 2020/145080, 2020/145086, 2020/145184, 2020/145362, 2020/161502, 2020/161507, 2020/161511, 2020/161538, 2020/161544, 2020/161549, 2020/161557, 2020/161564, 2020/161568, 2020/161582, 2020/162841, 2020/162844, 2020/162849, 2020/162860, 2020/162861, 2020/163005, 2020/163048, 2020/163121, 2020/163146, 2020/163179, 2020/163193, 2020/163207, 2020/163241, 2020/163257, 2020/163272, 2020/163286, 2020/163927, 2020/168263, 2020/170775 Publication restriction: No