Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 (Workers Compensation Top-Up) [2022] NSWIRComm 1080

Industrial Relations Commission New South Wales Medium Neutral Citation: Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 (Workers Compensation Top-Up) [2022] NSWIRComm 1080 Hearing dates: 8, 9, 11, 14, 15 and 16 March 2022, 8 April 2022 Date of orders: 23 September 2022 Decision date: 23 September 2022 Jurisdiction: Industrial Relations Commission Before: Commissioner Murphy, Commissioner Sloan and Commissioner Webster Decision: (1) Pursuant to s 19 of the Industrial Relations Act 1996 the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 is amended: (a) by adding after cl 82.7 and before cl 82.7.1 the following: Note: Following the decision in Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Industrial Relations Secretary [2017] NSWSC 1473, this clause only applies to firefighters to whom cl 25 of Pt 16H of Sch 6 of the Workers Compensation Act 1987 applies, whilst they are engaged in firefighting duties; and (b) otherwise to give effect to the variations reflected in Exhibit 24 and Exhibit 25. (2) Matter 2021/121086 is dismissed. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Awards and enterprise agreements – Variation – whether employees covered by the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 entitled to use accrued sick leave to top up workers compensation payments – whether Award should be varied to clarify, and if necessary confer, such an entitlement Legislation Cited: Government Sector Employment Regulation 2014 Industrial Relations Act 1996 ss 3, 17, 19, 146, 146C Industrial Relations (Public Service Conditions of Employment) Regulation 2014 cl 6 State Insurance and Care Governance Act 2015 Teaching Service Act 1980 Workers Compensation Act 1987 ss 36, 37, 50, Sch 6 Pt 16H cl 25 Workers Compensation Legislation Amendment Act 2012 Workers Compensation Legislation Amendment Bill 2012 Workers' Compensation Act 1926 s 7(2C) Workers' Compensation (Amendment) Act 1970 Workers' Compensation (Amendment) Bill 1970 Cases Cited: Applications for Variations to Crown Employees (Police Officers – 2017) Award and Paramedics and Control Centre Officers (State) Award [2021] NSWIRComm 1040 Health Employees' Conditions of Employment (State) Award 2018 (Infectious Cleaning Allowance) [2021] NSWIRComm 1049 Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Industrial Relations Secretary (2017) 271 IR 77; [2017] NSWSC 1473 Re Bush Fire Fighters Compensation Fund; Ex parte Varley [1971] WCR 231 Re Crown Employees (Correctional Officers, Department of Corrective Services) Award 2007 for Kempsey, Dillwynia and Wellington Correctional Centres (No 2) [2015] NSWIRComm 38 State Wage Case 2021 [2022] NSWIRComm 1014 Texts Cited: Nil Category: Principal judgment Parties: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (Applicant) Industrial Relations Secretary (Respondent) Representation: Counsel: D Chin SC with M Foran (Applicant) T Dixon with H Pararajasingham (Respondent) Solicitors: McNally Jones Staff Lawyers (Applicant) Crown Solicitor (Respondent) File Number(s): 2019/00134157 and 2021/00121086 Publication restriction: On 22 September 2022 Commissioner Murphy made the following orders: 1. An order pursuant to section 164A(1)(a)(i) of the Industrial Relations Act 1996 prohibiting the disclosure in these proceedings of the name, address, picture or any material that identifies or may lead to the identification of [name redacted] and [name redacted]. 2. An order pursuant to section 164A(1)(b) of the Industrial Relations Act 1996 restricting the publication or broadcast in any report of these proceedings before the Commission, including any judgment or transcript, by: (1) substituting "Officer A" and "Officer B" for the names "[name redacted]" and "[name redacted]" respectively in any such report; and (2) deleting from any such report any material that may identify or lead to the identification of [name redacted] and [name redacted]. 3. An order pursuant to section 164A(1)(c) of the Industrial Relations Act 1996 prohibiting the publication of any evidence given before the Commission or of any documents lodged with the Commission in these proceedings, to the extent that such evidence or materials disclose the name, address, picture or any other material that identifies or may lead to the identification of [name redacted] and [name redacted].