Public Service Association and Professional Officers’ Association Amalgamated Union of New South Wales v Secretary of the Department of Education; Application for Crown Employees (School Administrative and Support Staff) Award 2022; [2022] NSWIRComm 1075

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; Application for Crown Employees (School Administrative and Support Staff) Award 2022; [2022] NSWIRComm 1075 Hearing dates: 5 September 2022 Date of orders: 15 September 2022 Decision date: 15 September 2022 Jurisdiction: Industrial Relations Commission Before: Chief Commissioner Constant, Commissioner Sloan and Commissioner Webster Decision: We make the following orders: (1) Pursuant to s 10 of the Act, we make an award to be known as the "Crown Employees (School Administrative and Support Staff) Award 2022" in the form of Annexure A to the Short Minutes of Order filed with the Department's Application for a New Award filed on 3 August 2022 subject to the following: (a) the award will commence on 15 July 2022, with any increased salaries and salary-related allowances payable from the first full pay period on or after 15 July 2022; (b) the award will have a nominal term of one year, expiring on 14 July 2023; (c) clause 23.1 is to be amended to replace "30 June 2024" with "14 July 2023"; and (d) the award contain a clause in the terms contained in the Recommendation of Commissioner Webster made on 9 September 2022; and (2) pursuant to s 17(3)(a) of the Act, the Crown Employees (School Administrative and Support Staff) Award 2019 is rescinded. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Industrial disputes - Awards – applications for new award – commencement date – exceptional circumstances – matter "giving rise to" award Legislation Cited: Industrial Relations Act 1996 ss 3, 10, 15, 17, 23, 130, 136, 146, 146C Industrial Relations (Public Sector Conditions of Employment) Regulation 2014 cll 6, 6A Cases Cited: Application for Crown Employees (Public Sector – Salaries 2022) Award [2022] NSWIRComm 1057 Application for Transport for New South Wales and Sydney Metro Salaries and Conditions of Employment Award 2022 [2022] NSWIRComm 1061 Applications for Variations to Crown Employees (Police Officers – 2017) Award and Paramedics and Control Centre Officers (State) Award [2021] NSWIRComm 1040 Ho v Professional Services Review Committee No 295 [2007] FCA 388 Maan v Minister for Immigration and Citizenship (2009) 179 FCR 581 Re Crown Employees (Public Sector-Salaries 2011) Award (No 3) (2011) 210 IR 458 Re Crown Employees (Public Sector-Salaries 2020) Award and Other Matters (No 2) (2020) 301 IR 321 Sheng v R; Li v R; Pan v R [2021] NSWCCA 78 Yacoub v Pilkington (Aust) Ltd [2007] NSWCA 290 Texts Cited: P Herzfeld and T Prince, Interpretation (2nd ed, Thomson Reuters, 2020) Category: Principal judgment Parties: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (Notifier in 2022/209536/Respondent in 2022/227698) (the PSA) Secretary of the Department of Education (Respondent in 2022/209536/Applicant in 2022/227698) (the Department) Representation: Counsel D Chin SC (PSA) A Britt (Department) Solicitors A McRobert, Public Service Association (PSA) L Coory, Crown Solicitor (Department) File Number(s): 2022/209536 and 2022/227698 Publication restriction: No