Department of Juvenile Justice and Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales and anothor re bans on admissions and backfilling of positions [2004] NSWIRComm 355

Industrial Relations Commission of New South Wales

CITATION : Department of Juvenile Justice and Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales and anothor re bans on admissions and backfilling of positions [2004] NSWIRComm 355 NOTIFIER: PARTIES : Department of Juvenile Justice RESPONDENT: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales FILE NUMBER: 5089 of 2003 CORAM: Sams DP Industrial dispute - juvenile justice centre - industrial bans in support of backfilling of vacant positions - bans lifted - issue in dispute referred to arbitration - application to vary Award - backfilling where suitable person available - restructure to unit based model - past custom and practice - safety and security of staff and detainees - workload of staff - opportunities to act up in higher grades - service delivery to clients - evidence of staff. CATCHWORDS : Held, no jurisdictional issues to determine - variation to Award within power - insufficient evidence - lack of evidence as to actual risk of safety and security - no evidence of an erosion in opportunities to act in higher duties - evidence based on perceptions and beliefs - little evidence of decline in service delivery or increase in workload for staff - routine backfilling of most positions at operational levels - proposal limited to a small number - public interest test not satisfied - failure to meet evidentiary onus - application to vary Award refused - application dismissed - matter to be discussed in new award negotiations. Children (Detention Centres) Act 1987 LEGISLATION CITED : Children (Detention Centres) Regulation 2000 Industrial Relations Act 1996 Public Sector Employment and Management Act 2002 New South Wales Department of Community Services Community Living and Residential (Interim) (State) Award (2000) 100 IR 447 Re Cram and others, Ex Parte NSW Colliery Proprietors' Association Limited and others (1987) 163 CLR 114 CASES CITED : Re Crown Employees (New South Wales Fisheries Salaries and Conditions of Employment) Award [2003] NSWIRComm 405