Police Association of NSW v Commissioner of Police, NSW Police Force [2025] NSWIC 2

Industrial Court New South Wales

Medium Neutral Citation: Police Association of NSW v Commissioner of Police, NSW Police Force [2025] NSWIC 2 Hearing dates: 15 October 2024 Date of orders: 3 March 2025 Decision date: 03 March 2025 Before: Chin J, Vice President Decision: The Court declares that by operation of clause 64.9 of the Crown Employees (Police Officers – 2021) Award, police officers who are confirmed on a date after the first anniversary of the date of their first appointment as a police officer of the rank of constable in the position of Probationary Constable (Level 1) (their "original attestation date") are entitled to progress to the salary and grade of Constable (Level 3) on the next anniversary of their original attestation date following confirmation as a constable. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Awards and enterprise agreements – Interpretation – Rights of police officers to incremental progression through hierarchy of ranks, grades and salaries – where applicant union seeks a declaration that, where confirmation of the appointment of a probationary constable is delayed beyond 12 months, those officers are entitled to progress to the higher rank and salary increment on the next anniversary of the date of their appointment as probationary constables – where awards to be given practical operation consistent with the objective meaning of its language – where awards should be reasonably capable of being understood by the participants in the industries to which they apply – where past industrial practices cannot be substituted for the terms of the award − applicant entitled to declaratory relief Legislation Cited: Industrial Relations Act 1996 (NSW) ss 10, 130, 154, 379, 380 Police Act 1990 (NSW) s 12, 80, 85 Police Regulation 2015 (NSW) cl 5, 7, 13 Cases Cited: Amcor Ltd v Construction, Forestry, Mining and Energy Union (2005) 222 CLR 241; [2005] HCA 10 Australian Communication Exchange Ltd v Deputy Federal Commissioner of Taxation (2003) 77 ALJR 1806; [2003] HCA 55 Australian Rail, Tram and Bus Industry Union v KDR Victoria Pty Ltd t/as Yarra Trams [2021] FCA 1377 Bryce v Apperley (1998) 82 IR 448 City of Wanneroo v Australian Municipal, Administrative, Clerical and Services Union (2006) 153 IR 426; [2006] FCA 813 City of Wanneroo v Holmes (1989) 30 IR 362; [1989] FCA 553 George A Bond & Company Ltd (in liq) v McKenzie [1929] AR (NSW) 498 James Cook University v Ridd (2020) 278 FCR 566; [2020] FCAFC 123 King v Melbourne Vicentre Swimming Club Inc [2020] FCA 1173 Kingmill Australia Pty Ltd (t/a Thrifty Car Rental) v Federated Clerks' Union of Australia (2001) 106 IR 217; [2001] NSWIRComm 141 Kucks v CSR Ltd (1996) 66 IR 182; [1996] IRCA 166 New South Wales Nurses and Midwives' Association v New South Wales [2024] NSWSC 636 New South Wales v Stockwell [2017] NSWCA 30 Perisher Blue Pty Ltd v Australian Workers Union (1999) 91 IR 274 Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Secretary of the Treasury (2014) 87 NSWLR 41; [2014] NSWIRComm 23 Shop Distributive and Allied Employees' Association v Woolworths Ltd (2006) 151 FCR 513; [2006] FCA 616 State of New South Wales v Briggs (2016) 95 NSWLR 467 State of New South Wales v Stockwell [2017] NSWCA 30 Target Australia Pty Ltd v Shop, Distributive and Allied Employees' Association (2023) 324 IR 304; [2023] FCAFC 66 Tasmanian Water and Sewerage Corporation v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2025] FCA 39 Transport Workers' Union (NSW Branch) v Walker Civil Engineering (1999) 91 IR 153 Transport Workers Union of Australia v Coles Supermarkets Australia Pty Ltd (2014) 245 IR 449; [2014] FCAFC 148 WorkPac Pty Ltd v Skene (2018) 264 FCR 536; [2018] FCAFC 131 Texts Cited: Nil Category: Principal judgment Parties: Police Association of NSW (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Counsel: P Lowson (Applicant) M Watts (Respondent)