Public Service Association and Professional Officers’ Association Amalgamated Union of New South Wales v Corrective Services NSW [2021] NSWIRComm 1026

Industrial Relations Commission New South Wales Medium Neutral Citation: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Corrective Services NSW [2021] NSWIRComm 1026 Hearing dates: 18 March 2021 Date of orders: No orders were made Decision date: 18 March 2021 Jurisdiction: Industrial Relations Commission Before: Commissioner Murphy Decision: The correct interpretation of cl 5(v) of sch B to the Crown Employees (Correctional Officers, Department of Communities and Justice - Corrective Services NSW) Award requires that an allowance at the rate equivalent to the Dinner rate be paid where overtime extends beyond 6pm or commences at 6pm and goes for the required period of one and a half hours Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – industrial dispute – interpretation of a provision in award – payment of an allowance when shift ends at 6pm and overtime is worked for one and a half hours – recommendation made that parties confer on agreed variation to award Legislation Cited: Industrial Relations Act 1996 Cases Cited: Cepus v Heggies Transport Pty Limited 52 IR 123 Texts Cited: Nil Category: Principal judgment Parties: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (Notifier)

Corrective Services NSW (Respondent) Representation: Counsel: Ms L Saunders (Notifier) Mr G Fredericks (Respondent)

Solicitors: Mr B Trainor (Notifier) Mr T Pacey (Respondent) File Number(s): 2020/00181077 Publication restriction: Nil