Application for Crown Employees (Public Sector – Salaries 2022) Award [2022] NSWIRComm 1057

Industrial Relations Commission New South Wales Medium Neutral Citation: Application for Crown Employees (Public Sector – Salaries 2022) Award [2022] NSWIRComm 1057 Hearing dates: 22 July 2022 Date of orders: 22 July 2022 Decision date: 22 July 2022 Jurisdiction: Industrial Relations Commission Before: Chief Commissioner Constant, Commissioner Sloan and Commissioner Webster Decision: We have determined, pursuant to s 10 of the Industrial Relations Act 1996, to make awards in respect of each of the Applications. Those awards ("New Awards") will be in the terms of the Proposed Awards, subject to the following: (1) each New Award will commence from the first full pay period on or after 1 July 2022; (2) each New Award will have a nominal term of one year; and (3) the no extra claims provision in each New Award will be in the same form as appears in the counterpart 2021 Award with "30 June 2022" being replaced with "30 June 2023". In consequence of and subject to the making of the New Awards, pursuant to s 17 of the Act the Commission will rescind the 2021 Awards. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Awards – applications for new awards – whether new awards should contain a two year nominal term – whether new awards should contain a no extra claims provision – commencement date of new awards – whether exceptional circumstances exist which permit retrospective commencement Legislation Cited: Industrial Relations Act 1996 ss 3, 10, 146, 146C Industrial Relations (Public Sector Conditions of Employment) Regulation 2014 cll 6, 6A Industrial Relations (Public Sector Conditions of Employment) Regulation 2011 Cases Cited: 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 Applications for Variations to Crown Employees (Police Officers – 2017) Award and Paramedics and Control Centre Officers (State) Award [2021] NSWIRComm 1040 Public Service Association and Professional Officers' Association Amalgamated Union (NSW) v Roads and Maritime Services (2015) 250 IR 412; [2015] NSWIRComm 16 San v Rumble (No 2) [2007] NSWCA 259 Yacoub v Pilkington (Australia) Ltd [2007] NSWCA 290 Crown Employees (Teachers in Schools and Related Employees) Salaries and Conditions Award and Crown Employees (Teachers in TAFE and Related Employees) Salaries and Conditions Award [2008] NSWIRComm 209 Texts Cited: Nil Category: Principal judgment Parties: Applicants: Industrial Relations Secretary Auditor-General Chief Commissioner of the Independent Commission Against Corruption Landcom Respondents: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales Australian Services Union of NSW Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch Construction, Forestry, Mining and Energy Union (New South Wales Branch) Electrical Trades Union of Australia, New South Wales Branch New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union The Australian Workers' Union, New South Wales Unions NSW United Voice, New South Wales Branch Representation: Counsel: H Pararajasingham (Applicants) M Gibian SC (PSA) Solicitors: K Smith, Crown Solicitor (Applicants) A McRobert, Public Service Association (PSA) Other: J Shaw, Australian Workers' Union (AWU and AMWU) File Number(s): 2022/194712, 2022/194849, 2022/195171, 2022/195743, 2022/195781, 2022/196869, 2022/197395 Publication restriction: No