Public Service Association and Professional Officers’ Association Amalgamated Union of New South Wales v Secretary of the Department of Education (COVID-19 Protocols) [2022] NSWIRComm 1063

Industrial Relations Commission New South Wales Medium Neutral Citation: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Secretary of the Department of Education (COVID-19 Protocols) [2022] NSWIRComm 1063 Hearing dates: 29 July 2022 Date of orders: 29 July 2022 and 1 August 2022 Decision date: 01 August 2022 Jurisdiction: Industrial Relations Commission Before: Commissioner Sloan Decision: The Motion is dismissed. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Industrial disputes – Dispute orders – application for interim relief – whether s 136(1)(a) of the Industrial Relations Act 1996 empowers the making of directions which have the effect of providing injunctive relief – whether s 136(1)(d) empowers the making of interim orders to maintain the status quo pending the determination of the dispute Legislation Cited: Industrial Relations Act 1996 ss 130, 134, 135, 136, Ch 3 Pt 2, s 172 Cases Cited: Barrier Industrial Council dispute with Broken Hill Chamber of Commerce and Others re Breach of Award and The Construction, Forestry, Mining and Energy Union (New South Wales Branch) dispute with Broken Hill Chamber of Commerce and Others re alleged breach of Award [2002] NSWIRComm 232 Broken Hill Chamber of Commerce and CFMEU (NSW Branch) [2002] NSWIRComm 244 Fire Brigade Employees' Union of New South Wales (on behalf of Rampling) v Industrial Relations Secretary (Fire & Rescue NSW) (No 2) [2020] NSWIRComm 1060 Fire Brigade Employees' Union of New South Wales v Industrial Relations Secretary on behalf of Fire and Rescue NSW [2020] NSWIRComm 1002 Police Association v NSW Police (No 3) [2005] NSWIRComm 243 Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Secretary for Industrial Relations [2018] NSWIRComm 1061 Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales on behalf of Pearcey, Barnett and Woelfl v Department of Attorney General and Justice - Corrective Services NSW [2012] NSWIRComm 33 Public Service Association of NSW o/b Ferns v Fire and Rescue NSW [2018] NSWIRComm 1014 The Local Government Engineers Association of New South Wales v MidCoast Council [2021] NSWIRComm 1081 Texts Cited: Nil Category: Procedural rulings Parties: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (Notifier) Secretary of the Department of Education (Respondent) Representation: Counsel: F Anwar (Notifier) H Pararajasingham (Respondent) Solicitors: B Trainor, PSA (Notifier) K Smith, Crown Solicitor (Respondent) File Number(s): 2022/00212577 Publication restriction: No