Crown Employees (Department of Industry) Land Information Officers Award [2021] NSWIRComm 1096

Industrial Relations Commission New South Wales Medium Neutral Citation: Crown Employees (Department of Industry) Land Information Officers Award [2021] NSWIRComm 1096 Hearing dates: Determined in Chambers Date of orders: 14 December 2021 Decision date: 14 December 2021 Jurisdiction: Industrial Relations Commission Before: Commissioner Sloan Decision: The Crown Employees (Department of Industry) Land Information Officers Award is rescinded pursuant to s 20(2) of the Industrial Relations Act 1996. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Awards – Review of awards – rescission of obsolete award Legislation Cited: Industrial Relations Act 1996 ss 19, 20 Cases Cited: Nil Texts Cited: Nil Category: Principal judgment Parties: Industrial Relations Secretary The Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales Representation: S Howes (PSA) B Murray (DRNSW) S Albazi (PSER) File Number(s): 2021/134696 Publication restriction: No

decision 1. On 7 July 2021 the Industrial Registrar issued a Notice of Award Review ("Notice"), giving notice of the Commission's intention to review the Crown Employees (Department of Industry) Land Information Officers Award ("Award") pursuant to s 19 of the Industrial Relations Act 1996 ("Act"). The Notice was issued to the Industrial Relations Secretary and the Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales ("PSA"), being the parties identified by the Industrial Registrar, from records kept by the Industrial Registry, as having an interest in the Award. 2. On 15 September 2021 the Commission received an email from Bill Murray, a Senior Industrial Relations Advisor in the Department of Regional NSW ("DRNSW"). In his email, Mr Murray informed the Commission that DRNSW had identified three employees as covered by the Award, but that a process had commenced, in consultation with the employees, to change their classifications so that they would fall under other awards "which are in common use within DRNSW". 3. The matter was listed for mention on 24 September 2021. Mr Murray appeared, as did Mr S Howes of the PSA. Mr Murray informed me that the process of "converting" the three DRNSW employees to other awards was expected to be completed by 18 October 2021, after which DRNSW would have no interest in the Award. He said that enquiries had been made of Public Sector Employee Relations to ascertain whether there were employees in other parts of the public service who fell under the Award. Mr Howes, understandably, took the position that the PSA would "wait on the agencies to do their homework". 4. On 8 October 2021 the Commission received an email from Sarge Albazi, an Advisor, Public Sector Employee Relations in the Department of Premier and Cabinet. In his email Mr Albazi stated: "As per the attached orders relating to matter number 2021/00134696, Public Sector Employee Relations (PSER) have conducted a scan across the public sector to confirm if any employees are covered under the Crown Employees (Department of Industry) Land Information Officers Award (LIO Award). PSER can advise that the majority of agencies have confirmed they have no staff covered under this Award. PSER are however still waiting to confirm whether any employees within the Department of Planning, Industry and Environment (DPIE) are covered under the LIO Award which DPIE feels is unlikely. However, PSER are still waiting for confirmation on this. To remind the Commission, there are currently 3 employees within the Department of Regional NSW covered under the LIO Award, however these individuals will be transferring to the Admin and Clerical Award within this month. Given the likelihood that no employees will be covered under the LIO Award in the near future, we question the utility of the Award remaining in operation." 1. On 11 October 2021 the Commission received a further email from Mr Albazi, which stated: "DPIE have confirmed they have no employees covered under this Award. The Department of Regional NSW (DRNSW), the Department of Planning Industry and Environment, Department of Customer Service and Public Sector Employee Relations have no objection to the LIO Award being rescinded once the last 3 employees from DRNSW are removed from the Award (within the month of October 2021)." 1. The matter was listed for mention on 30 November 2021. Mr Howes stated that he was waiting for approval to confirm that the PSA had no objection to the Award being rescinded. 2. On 2 December 2021 the Commission received an email from Mr Howes, which stated: "The PSA can confirm that the PSA will not object to the proposed rescission of the Crown Employees (Land Information Officers) Award by the NSW IRC, now that there is a definitive understanding that there are no longer NSW public servants subject to the provisions of the Award." 1. I am satisfied that the Award is obsolete in that there are no longer any employees falling within its coverage. It is appropriate that an order be made that it be rescinded.