Public Service Association and Professional Officers’ Association Amalgamated Union of New South Wales v Industrial Relations Secretary on behalf of the Department of Communities & Justice [2024] NSWIRComm 1079

Industrial Relations Commission New South Wales Medium Neutral Citation: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Industrial Relations Secretary on behalf of the Department of Communities & Justice [2024] NSWIRComm 1079 Hearing dates: 13 September 2024 Date of orders: 18 December 2024 Decision date: 18 December 2024 Jurisdiction: Industrial Relations Commission Before: Senior Commissioner Constant Decision: Recommendation made Catchwords: EMPLOYMENT AND INDUSTRIAL LAW — Industrial disputes – suspension of employee – payment of remuneration withheld - Recommendation made to repay amount withheld and recredit leave taken in the relevant period Legislation Cited: Government Sector Employment Act 2013, ss 69, 70 Government Sector Employment (General) Rules 2014, Pt 8 Industrial Relations Act 1996, ss 130, 136 Cases Cited: Davidson v Commissioner of Police (No 3) [2022] NSWIRComm 1102 Mannix v R (District Court of NSW, Smith SC J, 2021/193129, 12 April 2024, unrep) Secretary of the Ministry of Health v Australian Paramedics Association (NSW) [2022] NSWSC 1431 Category: Principal judgment Parties: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (Notifier) Industrial Relations Secretary on behalf of the Department of Communities and Justice (Respondent) Representation: Counsel: Anthony Howell for the Notifier Dan Fuller for the Respondent