Industrial Secretary & Ors v Public Service Association and Professional Officers’ Association Amalgamated Union of New South Wales & Ors (No 2) [2024] NSWIRComm 21

Industrial Relations Commission New South Wales Medium Neutral Citation: Industrial Secretary & Ors v Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales & Ors (No 2) [2024] NSWIRComm 21 Hearing dates: 27 November 2024 Last submission received on 28 November 2024 Date of orders: 11 December 2024 Decision date: 11 December 2024 Jurisdiction: Industrial Relations Commission Before: Taylor J, President Chin J, Vice President Paingakulam J, Deputy President Decision: (1) The Secretaries are to confer with Unions NSW as to the amendments that are required to each Award to give effect to this decision and to file within 7 days draft Awards in Word form marked up to show the changes, together with consent orders giving effect to our decision. (2) Unions NSW is to inform the Commission whether it agrees with the form of each draft Award and the proposed orders. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW — Awards and enterprise agreements — Remuneration — Whether to vary awards to provide for interim salary increases — Whether to backdate increases — Decision to award interim increases commensurate with the minimum likely to be awarded upon the making of the final award Legislation Cited: Industrial Relations Act 1996 (NSW) ss 3(i), 15, 16, 17(3) Cases Cited: Health Services Union NSW v Secretary, NSW Ministry of Health [2024] NSWIRComm 105 Industrial Relations Secretary & Ors v Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales & Ors [2024] NSWIRComm 5 Public Service Association and Professional Officers' Association Amalgamated Union of NSW v Industrial Relations Secretary & Ors [2024] NSWIRComm 2 Re Crown Employees (Administrative and Clerical Officers) Award [1975] AR (NSW) 1 Re Crown Librarians, Library Officers and Archivists Award Proceedings – Applications under the Equal Remuneration Principle (2002) 111 IR 48; [2002] NSWIRComm 55Re Crown Employees Scientific Officers Health Commission, Interim Award [1974] AR (NSW) 705 Re Printing Industry, Compositors, etc (Sydney Daily Newspapers) Conciliation Committee [1955] AR (NSW) 283 Category: Principal judgment Parties: Secretary, Transport for NSW (First Applicant) Industrial Relations Secretary (Second Applicant) ("the Secretaries")