Application for Transport for New South Wales and Sydney Metro Salaries and Conditions of Employment Award 2022 [2022] NSWIRComm 1061

Industrial Relations Commission New South Wales Medium Neutral Citation: Application for Transport for New South Wales and Sydney Metro Salaries and Conditions of Employment Award 2022 [2022] NSWIRComm 1061 Hearing dates: 28 July 2022 Date of orders: 28 July 2022 Decision date: 05 August 2022 Jurisdiction: Industrial Relations Commission Before: Chief Commissioner Constant, Commissioner Sloan and Commissioner O'Sullivan Decision: In matter 2022/194570 the Full Bench determined: (1) pursuant to s 10 of the Industrial Relations Act 1996 ("Act"), to make an award to be known as "Transport for NSW and Sydney Metro Salaries and Conditions of Employment Award 2022" in the form of Amended Schedule A to the Amended Application for a New Award filed by the Transport Secretary on 27 July 2022, save that cl 4.2 is to reflect a commencement date of 1 July 2022 and a notional expiry date of 30 June 2023; and (2) pursuant to s 17 of the Act, to rescind the Transport for NSW and Sydney Metro Salaries and Conditions of Employment Award 2021 In matter 2022/194597, the Full Bench determined to vary the Roads and Maritime Services Consolidated Salaried Award 2019 as reflected in Amended Schedule A to the Amended Application for Variation filed by the Transport Secretary on 27 July 2022, save that the variations will take effect from 1 July 2022 and any increases in salaries or salary-related allowances will be payable from the first full pay period on or after 1 July 2022. In matter 2022/194684, the Full Bench determined to vary the Roads and Maritime Services School Crossing Supervisors Award 2019 as reflected in Amended Schedule A to the Amended Application for Variation filed by the Transport Secretary on 27 July 2022, save that the variations will take effect from 1 July 2022 and any increases in salaries or salary-related allowances will be payable from the first full pay period on or after 1 July 2022. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Awards – applications for new awards and variation of award –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: Fair Work Act 2009 (Cth) Industrial Relations Act 1996 ss 3, 10, 17, 146, 146C, Ch 2 Pt 1 Industrial Relations (Public Sector Conditions of Employment) Regulation 2014 cll 6, 6A Transport Administration Act 1988 Sch 7 cl 221 Cases Cited: Application for Crown Employees (Public Sector – Salaries 2022) Award [2022] NSWIRComm 1057 Applications for Variations to Crown Employees (Police Officers – 2017) Award and Paramedics and Control Centre Officers (State) Award [2021] NSWIRComm 1040 Texts Cited: Nil Category: Principal judgment Parties: Applicant: Transport Secretary Respondents: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales ("PSA") Australian Services Union of NSW ("ASU") New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union ("USU") The Australian Workers' Union, New South Wales Unions NSW ("AWU") Rail, Tram and Bus Union of New South Wales ("RTBU") Association of Professional Engineers, Scientists and Managers Australia ("APESMA") The Australian Maritime Officers' Union of New South Wales ("AMOU") The Australian Institute of Marine & Power Engineers NSW District ("AIMPE") The Seamans Union of Australia, New South Wales Branch ("SUA") Representation: Ms S Huang, Crown Solicitor (Applicant) Ms A McRobert, Public Service Association (PSA) Ms S Nasser (Unions NSW, ASU, RTBU and AMOU) Ms S Behpour (APESMA) Ms S Doumit (AWU) File Number(s): 2022/00194570, 2022/00194684 and 2022/194597 Publication restriction: No