Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales and Department of Public Works and Services and Crown Employees (Department of Public Works and Services) Award 1998 [2000] NSWIRComm 109

Industrial Relations Commission of New South Wales

CITATION : Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales and Department of Public Works and Services and Crown Employees (Department of Public Works and Services) Award 1998 [2000] NSWIRComm 109 PARTIES : Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales Department of Public Works and Services FILE NUMBER: 4010 and 6713 of 1999 CORAM: Sams DP Industrial Dispute - application to vary expired award - public interest - Wage Fixing Principles - flex time arrangement not transferred between Departments. CATCHWORDS : Held, Special Case Principle applies - flex time arrangements fair and reasonable - potential for conflict - existing opportunities not utilised - survey results treated with caution - Special Case not made out - application refused - proceedings concluded. Industrial Relations Act 1996

LEGISLATION CITED : AWARDS: Crown Employees (Department of Public Works and Services) Award 1998 Crown Employees (Public Service Conditions of Employment 1997) Award State Wage Case 1999, 88 IR 363 State Wage Case 2000 (unreported) Matters IRC1873 and 1930 of 2000, 30 May 2000 CASES CITED : O'Sullivan v Farrer (1989) 168 CLR 210 New South Wales Port Corporations Award 1999 - Matter No. IRC 4207 of 1999, New South Wales Port Corporations Award 1999 - Matter No. IRC 4570 of 1999, and Maritime Services Board (Masters, Engineers, Pilot Vessels and Dredging Plant, Pilots Minor Trading Ports) Award - Matter No IRC4571 of 1999 (unreported) Wright P, 30 September 1999 Re Distpute: NSW Office of the Board of Studies and the NSW Teachers Federation (unreported) Schmidt J, Matter IRC6190 of 1999, 17 December 1999 HEARING DATES: 04/17/2000; 04/18/2000 DATE OF JUDGMENT: 06/28/2000