New South Wales Teachers Federation v Managing Director NSW TAFE Commission [2003] NSWIRComm 90

Industrial Relations Commission of New South Wales in Court Session

CITATION : New South Wales Teachers Federation v Managing Director NSW TAFE Commission [2003] NSWIRComm 90 APPELLANT New South Wales Teachers Federation

PARTIES : FIRST RESPONDENT Managing Director, NSW TAFE Commission

SECOND RESPONDENT Director-General, Department of Education and Training FILE NUMBER: IRC 6807 of 2001 CORAM: Wright J President; Walton J Vice-President; Marks J CATCHWORDS : Long Service Leave - Extended leave - Entitlement to extended (long service leave) for full-time employees of TAFE - Whether prior non continuous service as a temporary non full-time employee counts as service - Calculation of entitlement - Provisions of Technical & Further Education Commission Act and Schedule 5 to the Public Sector Management Act considered - Declaratory relief - Leave to appeal granted - Appeal dismissed. Industrial Relations Act 1996 s 154 Technical & Further Education Commission Act 1990 s 22 Public Sector Management Act 1988 Schedule 5 Teaching Services Act 1980 Interpretation Act 1987 s 33 s 34 LEGISLATION CITED : Civil Service Act 1884 s 40 Public Service Act 1902 Public Service (Amendment) Act 1919 s 13 Industrial Arbitration Act 1940 s 88C Long Service Leave Act 1955 Transferred Officers' Extended Leave Act 1961 Public Service & Other Statutory Bodies (Long Service Leave) Amendment Act 1963 Storemen & Packers, Wholesale Drugs Stores (State) & Other Awards, Re [1951] 50 AR (NSW) 526 Stead v State Government Insurance Commission (1986) 161 CLR 141 R v Marks, Ex parte Australian Building Construction Employees and Builders Labourers' Federation (1981) 147 CLR 471 CASES CITED : Calvin v Carr [1980] AC 574 Health and Research Employees' Association of New South Wales v Baptist Community Services NSW and ACT [2002] NSWIRComm 32 Seamen's Union of Australia v Adelaide Steamship Company (1976) 46 FLR 444 Security Officers (Waterfront) Award, Re (1988) 26 IR 1 Police Association of New South Wales v Commissioner of Police [2002] NSWIRComm 126 HEARING DATES: 04/15/2002; 05/31/2002 DATE OF JUDGMENT: 04/30/2003