Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Commissioner of Police, New South Wales Police Force [2024] NSWIRComm 1062

Industrial Relations Commission New South Wales Medium Neutral Citation: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Commissioner of Police, New South Wales Police Force [2024] NSWIRComm 1062 Hearing dates: 20 June 2024; last submissions filed 18 July 2024 Date of orders: 29 October 2024 Decision date: 29 October 2024 Jurisdiction: Industrial Relations Commission Before: Senior Commissioner Constant, Commissioner Webster and Commissioner Muir Decision: (1) Leave to appeal in 2024/56082 is refused. (2) Leave to appeal in 2024/56115 is refused. Catchwords: APPEAL – EMPLOYMENT AND INDUSTRIAL LAW - Victimisation claim – Threatened termination of employee for disclosing confidential information to union as part of employee's duties as union delegate, including as a witness in proceedings for a new award - Commissioner did not allow the applicant to argue an alleged detriment not identified until reply submissions – no error in disallowing the point of claim – Commissioner did not misapply the law in determining the victimisation claim – decision-makers' belief does not need to be correct to be accepted as the reason for detrimental action – Commissioner did not need to consider the applicability of reg 76 of the Police Regulation to determine the reason for the detrimental action being taken by the decision-makers – appeal does not raise any important issue of law or principle - leave to appeal refused APPEAL – EMPLOYMENT AND INDUSTRIAL LAW – Industrial dispute – a ground of relief sought by the notifier was declaratory and beyond power – appellant did not present arguments to the contrary - Commissioner was not required to determine the applicability of reg 76 of the Police Regulation to decide whether to make the recommendations sought in the dispute - appeal grounds contest findings of fact that were open on the evidence - no House v The King error established – no utility in the appeal – leave to appeal refused Legislation Cited: Fair Work Act 2009 (Cth) Ch 3, ss 346, 361 Industrial Relations Act 1996 (NSW) ss 130, 136, 146, 163, 175, 188, 210, 213 Police Regulation 2015 (NSW) reg 76 Cases Cited: Board of Bendigo Regional Institute of Technical and Further Education v Barclay [2012] HCA 32; 248 CLR 500 Browne v Dunn (1894) 6 R(HL) 67 CFMEU v BHP Coal Pty Ltd (2014) 253 CLR 243 Construction, Forestry, Mining and Energy Union v Anglo Coal (Dawson Services) Pty Ltd [2015] 238 FCR 27 Health Services Union v New South Wales [2017] NSWIRComm 1036 Kinninmont v Ku-ring-gai Council [2020] NSWIRComm 1064 Mallegowda v Transport Secretary [2024] NSWIRComm 1018 Paula Lee and Ausgrid (No 6) [2013] NSWIRComm 62; 237 IR 63 Police Association of New South Wales v Commissioner of Police, NSW Police Force [2023] NSWIRComm 1095 Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (obo Saraceno) v Commissioner of Police [2024] NSWIRComm 1001 Secretary of the Ministry of Health v The New South Wales Nurses and Midwives' Association (2022) 320 IR 249; [2022] NSWSC 1178 Secretary of the Ministry of Health v Australian Paramedics Association (NSW) [2022] NSWSC 1431 Secretary of the Ministry of Health v The New South Wales Nurses and Midwives' Association [2022] NSWSC 1178 Category: Principal judgment Parties: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (PSA) (Appellant) Commissioner of Police (Respondent) Police Association of New South Wales (Police Association) (Intervenor) Representation: Counsel: P Lowson (PSA) M Watts (Commissioner of Police) A Guy (Police Association)