Crown Employees (NSW Police Force Special Constables) (Security) Award 2023 [2024] NSWIRComm 1034

Industrial Relations Commission New South Wales Medium Neutral Citation: Crown Employees (NSW Police Force Special Constables) (Security) Award 2023 [2024] NSWIRComm 1034 Hearing dates: 1-10; 25 August, 26-27 October, 15 November 2023. Last written submission received 8 March 2024. Date of orders: 7 June 2024 Decision date: 07 June 2024 Jurisdiction: Industrial Relations Commission Before: Chief Commissioner Constant, Commissioner Sloan and Commissioner Webster Decision: The Full Bench orders that: (1) there be a 2% increase to the salaries and salary-related allowances in the Current Award, with such increase to take effect from the first full pay period on or after 1 July 2023. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Awards – application for increases to salaries – discretion of Commission to award increases – principles to apply in setting award conditions – whether award provides fair and reasonable conditions of employment – whether increases necessary to ensure award continues to provide fair and reasonable conditions of employment – application of Wage Fixing Principles – work value – productivity and efficiency – special case – increase awarded - s 164A orders made Legislation Cited: Fair Work Act 2009 (Cth) s 134 (1)(a) Industrial Relations Act 1996 (NSW) ss 3, 10, 15, 17, 23, 130, 136, 146, 146C, 164A Industrial Relations Amendment Act 2023 (NSW) Police Act 1990 (NSW) ss 81G, 211A, 211AB, 211 AB Cases Cited: Application to vary the wage rates in the Nurses Award 2010 and Aged Care Award 2010 [2022] FWCFB 200 Applications for Variations to Crown Employees (Police Officers – 2017) Award and Paramedics and Control Centre Officers (State) Award [2021] NSWIRComm 1040 Commissioner of Police v Robbs (No 2) [2022] NSWIRComm 1039 Commissioner of the Australian Federal Police v Zhao [2015] HCA 5; 255 CLR 46 Crown Employees (Police Officers - 2009) Award [2012] NSWIRComm 23 Dasreef Pty Ltd v Hawchar (2011) 243 CLR 588 Elura Mine Enterprise (Consent) Award 2001 [2003] NSWIRComm 218 Harman v Secretary of State for Home Department [1983] 1 AC 280 Health Employees Pharmacists (State) Award [2003] NSWIRComm 453; (2003) 132 IR 244 Hearne v Street (2008) 235 CLR 125; [2008] HCA 36 In Re Special Constables (Police Department) Award [1956] AR 880 Jenkins v Secretary of the Ministry of Health on Behalf of Nepean Blue Mountains Local Health District [2023] NSWIRComm 1045 Kellogg (Aust) Pty Ltd v National Union of Workers, New South Wales [2003] NSWIRComm 167 KU Children's Services (Other Than Teachers) (State) Award 1998 [2000] NSWIRComm 94 Makita (Australia) Pty Ltd v Sprowles (2001) 52 NSWLR 705 O'Sullivan v Farrer (1989) 168 CLR 210 Re 4 Yearly Review of Modern Awards – Family Friendly Working Arrangements [2018] FWCFB 1692 Re Crown Librarians, Library Officers and Archivists Award Proceedings - Applications under the Equal Remuneration Principle [2002] NSWIRComm 55 Re Equal Remuneration Principle (2000) 97 IR 177 Re Metropolitan Fire and Emergency Services Board (2019) 284 IR 239 Re Miscellaneous Workers Kindergartens and Child Care Centres &c (State) Award [2006] NSWIRComm 64 Re Operational Ambulance Officers (State) Award [2001] NSWIRComm 331 Re Pastoral Industry State Award [2000] 104 IR 168 Re Public Hospitals Nurses (State) Award (No 4) (2003) 131 IR 17 Secretary of the Department of Education v X [2023] NSWIRComm 1061 State Wage Case 2022 [2022] NSWIRComm 1081 State Wage Case 2023 [2023] NSWIRComm 1121 Category: Principal judgment Parties: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (Applicant) Commissioner of Police (Respondent) Representation: Counsel: P Lowson (PSA) M Watts (Commissioner of Police) Solicitors: Crown Solicitor (Commissioner of Police) Other: A McRobert (PSA) File Number(s): 2022/00213646 Publication restriction: 1. Pursuant to s 164A(1)(a)(i) of the Industrial Relations Act 1996 (NSW), until 14 November 2053, or further order of the Commission, whichever is the earlier, the disclosure in connection with these proceedings, of the name, address, picture, or other material that identifies or may lead to the identification in connection with the homicide of Curtis Cheng of the two Special Constables whose names are identified in Sch A to the application for orders pursuant to s 164A of the Act made by the Public Service Association and Professional Officers' Association Amalgamated Union of NSW (PSA) on 15 November 2023, is prohibited. 2. Pursuant to s 164A(1)(c) of the IR Act, until 14 November 2053, or further order of the Commission, whichever is the earlier, publication of the evidence or any other document lodged with the Commission that identifies or may lead to the identification of the Special Constables referred to in Order 1 in connection with the homicide of Curtis Cheng, is prohibited. 3. Pursuant to s 164A(1)(c) of the IR Act, until 14 November 2053, or further order of the Commission, whichever is the earlier, the publication of: a) the evidence identified in the table attached to the Submissions of the Respondent in respect of her application for orders pursuant to s 164A of the IR Act filed on 14 November 2023 with the exception of the document at Tab 1 of Exh PSA 1; and b) Annexure B to the affidavit of Chief Inspector Michael Cruickshank sworn 6 November 2023, is prohibited. 4. Pursuant to s 164A(1)(b) and (c) of the IR Act, if a third party seeks access to the transcript or files of the proceedings, the parties will be notified by the Industrial Registrar. The parties will have five working days to notify any application to the Commission with respect to the third party's request. If no application is made by a party then the Commissioner of Police must then: a) within five working days, or a greater period ordered by the Commission uplift the Commission's files (in so far as is necessary in connection with the third party request); and b) within a further ten working days, or greater period as the Commission orders: i. in so far as they relate to the third party request, provide to the Commission copies of the transcript of the proceedings and of the Commission's files redacted so as to allow for the documents to be provided to the third party in compliance with Orders 1, 2 and 3; and ii. return to the Commission, the Commission's files.