Application for Crown Employees (Office of the Director of Public Prosecutions, Flexible Working Hours) Award 2022 [2023] NSWIRComm 1106

Industrial Relations Commission New South Wales Medium Neutral Citation: Application for Crown Employees (Office of the Director of Public Prosecutions, Flexible Working Hours) Award 2022 [2023] NSWIRComm 1106 Hearing dates: 17, 18, 19 October 2022, 17 November 2022, 19 January 2023, 16 August 2023 Date of orders: 27 October 2023 Decision date: 27 October 2023 Jurisdiction: Industrial Relations Commission Before: Chief Commissioner Constant, Commissioner Sloan and Commissioner Muir Decision: New award to be made on terms to be determined Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Awards and enterprise agreements – Approval and creation – application for new award – forfeiture of "flex hours" by lawyers working in the Office of the Director of Public Prosecutions – consideration of the circumstances in which the lawyers work – consideration of extent of "flex hours" forfeiture – whether proposed award would be effective to prevent forfeiture – consideration of other issues arising – whether intervention of Commission warranted Legislation Cited: Industrial Relations Act 1996 s 10 Cases Cited: 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: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (Applicant) Industrial Relations Secretary (Respondent) Representation: Counsel: P Lowson (Applicant) D Mahendra (Respondent) Solicitors: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (Applicant) Herbert Smith Freehills (Respondent) File Number(s): 2022/00112772 Publication restriction: No