The Australian Workers’ Union, New South Wales v Industrial Relations Secretary in respect of the Department of Planning and Environment [2023] NSWIRComm 1118

Industrial Relations Commission New South Wales Medium Neutral Citation: The Australian Workers' Union, New South Wales v Industrial Relations Secretary in respect of the Department of Planning and Environment [2023] NSWIRComm 1118 Hearing dates: 1 December 2023 Date of orders: 1 December 2023 Decision date: 01 December 2023 Jurisdiction: Industrial Relations Commission Before: Commissioner Sloan Decision: I recommend that the Department issue to its rostering managers, however described internally, a communication to the effect that employees covered by the Award are not to be directed to take recreation leave to cover for a public holiday. The application is otherwise dismissed. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Industrial disputes – allegation that respondent failing to comply with applicable award in establishing rosters – notifier seeking interpretation of award and recommendations – whether evidence reveals breach of award – whether Commission's intervention warranted Legislation Cited: Fair Work Act 2009 ss 114, 116 Industrial Relations Act 1996 s 130, 136 Cases Cited: Applications for Variations to Crown Employees (Police Officers – 2017) Award and Paramedics and Control Centre Officers (State) Award [2021] NSWIRComm 1040 Dowsett v SouthLink Pty Limited [2013] FWC 4978 Queensland Nurses' Union of Employees v Ramsay Health Care Australia Pty Ltd [2016] FCA 1486 Texts Cited: Nil Category: Principal judgment Parties: The Australian Workers' Union, New South Wales (Notifier) Industrial Relations Secretary (Respondent) Representation: R Hawach (Solicitor, AWU) (Notifier) S Moten (Solicitor, Lander & Rogers) (Respondent) File Number(s): 2023/00151504 Publication restriction: No