Industrial Relations Commission New South Wales Medium Neutral Citation: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Sydney Opera House [2024] NSWIRComm 1047 Hearing dates: Determined on papers, filed on 6 & 13 August 2024 Date of orders: 15 August 2024 Decision date: 15 August 2024 Jurisdiction: Industrial Relations Commission Before: Commissioner O'Sullivan Decision: Pursuant to s 10 of the Industrial Relations Act 1996, I make an award to be known as the Crown Employees (Sydney Opera House) Award, in the terms of the document filed in the Commission on 13 August 2024. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Industrial Dispute-Awards – Approval and creation Legislation Cited: Industrial Relations Act 1996 (NSW) Cases Cited: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Sydney Opera House [2022] NSWIRComm 1084 Texts Cited: NIL Category: Principal judgment Parties: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (notifier) Sydney Opera House (respondent) Representation: Solicitors Mr B Trainor (notifier) Mr M Sullivan (respondent) File Number(s): 2021/00212719 Publication restriction: Nil DECISION 1. This decision arises from a dispute notification filed on 23 July 2021 (the "Dispute") pursuant to s 130 of the Industrial Relations Act 1996 (NSW) (the "Act"). 2. In the Dispute, the notifier alleged that the respondent was incorrectly applying the Sydney Opera House Enterprise Agreement 2019-2020 as amended (the "Enterprise Agreement") to a cohort of employees who are covered by, and should receive conditions provided under, the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 (the "Conditions Award"). 3. The coverage of both the Enterprise Agreement and the Conditions Award is ambiguous in that they identify coverage in exclusionary terms and neither instrument expressly identifies the employees covered. 4. Following an initial compulsory conference before Commissioner Murphy on 10 August 2021, the respondent filed a notice of motion seeking to have the dispute struck out for want of jurisdiction. This motion was dismissed on 7 October 2022 by Commissioner Murphy in Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Sydney Opera House [2022] NSWIRComm 1084. 5. Following a number of conciliations conducted before the Commission during 2023 and 2024, the parties reached agreement of a new award to cover the relevant cohort of employees the subject of the Dispute called the Crown Employees (Sydney Opera House) Award (the "SOH Award"). 6. At a directions hearing on 30 July 2024, the parties applied to the Commission for the making of the SOH Award, on a consent basis, in resolution of the Dispute. The parties were directed to file and serve an affidavit complying with Practice Note 6 and written submissions in support. 7. On 6 August 2024, the parties filed an affidavit of Mark O'Sullivan, Manager Industrial Relation & HR Projects of Bennelong Point and joint written submissions. 8. In his affidavit, Mr O'Sullivan deposed: 1. The SOH Award has, where appropriate, drawn on clauses in the Conditions Award to provide clauses that equally apply to the SOH as well as clauses that are amended to reflect the operational needs of the SOH; 2. The Area, Incident and Duration set out in clause 5 proposes the SOH Award will commence on 23 August 2024 and remain in force for two years, complying with ss 15 and 16 of the Act; 3. The SOH Award sets out the applies various of clauses within the Conditions Award to SOH employees. 4. The salary rates in the SOH Award will be adjusted consistent with variations to salary rates provided under the Crown Employees (Public Sector - Salaries 2022) Award (and successor instruments); 5. The SOH Award satisfies the requirements of s 23 of the Act in that it provides for equal remuneration and other conditions of employment for male and female employees doing work of equal or comparable value; 6. There are clauses which provide for procedures for resolution of industrial disputes and the participation of employees and the PSA, and to encourage others to participate in workplace issues in satisfaction of s 14 of the Act; and 7. the SOH Award complies with s 146(2) and the objects of the Act in s 3. 1. On 13 August 2024, the parties were notified of a typographical error in the title of clause 5 of the SOH and an amended Award was filed later that day with the correction to Clause 5 of the SOH. 2. Having considered the material filed in these proceedings I am satisfied that the SOH Award complies with the requirements of the Act and in particular ss 3, 14, 15, 16, 23 and 146(2). Accordingly, I make the following order: 1. Pursuant to s 10 of the Industrial Relations Act 1996, I make an award to be known as the Crown Employees (Sydney Opera House) Award, in the terms of the document filed in the Commission on 13 August 2024. ********** Amendments 29 August 2024 - Minor amendment made to Tables 1 & 2 of the Award correcting mistakes DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 29 August 2024