Applications for Variations to Crown Employees (Police Officers – 2017) Award and Paramedics and Control Centre Officers (State) Award [2021] NSWIRComm 1040

Industrial Relations Commission New South Wales Medium Neutral Citation: Applications for Variations to Crown Employees (Police Officers – 2017) Award and Paramedics and Control Centre Officers (State) Award [2021] NSWIRComm 1040 Hearing dates: 13 August 2020, 6, 7 and 8 October 2020, 13 November 2020 and 18 December 2020 Date of orders: 3 May 2021 Decision date: 03 May 2021 Jurisdiction: Industrial Relations Commission Before: Chief Commissioner Constant, Commissioner Murphy and Commissioner Sloan Decision: Orders that: (1) there be a 1.75% increase to the salaries and salary-related allowances in the Crown Employees (Police Officers – 2017) Award, with such increase to take effect from the first full pay period on or after 1 July 2020; (2) there be a 0.3% increase to the salaries and salary-related allowances in the Paramedics and Control Centre Officers (State) Award, with such increase to take effect from the first full pay period on or after 1 July 2020; and (3) employees covered by the Paramedics and Control Centre Officers (State) Award receive a payment equal to the difference between $1,000 and 0.3% of their annual base salary under that Award at the rate immediately prior to the increase required by order (2), such payment to be made within 28 days. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Awards – applications for increases to salaries and salary-related allowances in two 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 – application of Wage Fixing Principles – consideration of the state of the economy of NSW Legislation Cited: Bail Act 2013 (NSW) Criminal Procedure Act 1986 (NSW) s 76A Criminal Procedure Amendment (Domestic Violence Complainants) Act 2014 (NSW) Fiscal Responsibility Act 2012 (NSW) s 3 Health Services Act 1997 (NSW) s 116 Industrial Relations Act 1996 (NSW) ss 3, 10, 17, 146, 146C Industrial Relations (Public Sector Conditions of Employment) Regulation 2014 (NSW) cl 6 Police Act 1990 (NSW) s 85 Cases Cited: Application for a New Award for Patient Transport Officers (No.2) [2019] NSWIRComm 1066 Application for Crown Employees (Public Sector – Salaries 2020) Award and Other Matters [2020] NSWIRComm 1044 Application for Crown Employees (Public Sector – Salaries 2020) Award and Other Matters (No 2) [2020] NSWIRComm 1066 Application for Crown Employees (Public Sector – Salaries 2020) Award and Other Matters (No 3) [2020] NSWIRComm 1077 City of Sydney Wages/Salary Award 2014 (2014) 247 IR 386; [2014] NSWIRComm 49 Crown Employees (Police Officers - 2009) Award [2012] NSWIRComm 23 Crown Employees (Police Officers – 2009) Award (No 2) [2012] NSWIRComm 104 Crown Employees (Teachers in Schools and TAFE and Related Employees) Salaries and Conditions Award (2004) 133 IR 254; [2004] NSWIRComm 114 Elura Mine Enterprise (Consent) Award 2001 [2003] NSWIRComm 218 In re Mineral Sands (State) Award [1980] AR 107 Kellogg (Aust) Pty Ltd v National Union of Workers, New South Wales [2003] NSWIRComm 167 KU Children's Services (Other Than Teachers) (State) Award 1998 [2000] NSWIRComm 94 Maan v Minister for Immigration and Citizenship (2009) 179 FCR 581 O'Sullivan v Farrer (1989) 168 CLR 210 Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Industrial Relations Secretary of New South Wales [2021] NSWCA 64 Re Crown Employees (Administrative and Clerical Officers State) Award and other Awards (No 2) (1993) 52 IR 243 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 Re: Application for a New Award for Patient Transport Officers [2017] NSWIRComm 1024 Secretary, NSW Ministry of Health v Health Services Union NSW [2018] NSWIRComm 1007 State Wage Case 2010 (2010) 201 IR 155; [2010] NSWIRComm 183 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: Police Association of New South Wales (Applicant in 2020/151448) Australian Paramedics Association (NSW) (Applicant in 2020/160506) Commissioner of Police (Respondent in 2020/151448) Health Secretary (Respondent in 2020/160506) Health Services Union NSW (Respondent in 2020/160506) Representation: Counsel: M Gibian SC with A Slevin (PANSW) M Latham (APA) I Taylor SC with M Easton and J McDonald (Commissioner of Police and Health Secretary) Solicitors: Crown Solicitor (Commissioner of Police and Health Secretary) Other: O Forsyth-Sells (HSU) File Number(s): 2020/151448 and 2020/160506 Publication restriction: No