Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales and the Department of Community Services [2002] NSWIRComm 33

Industrial Relations Commission of New South Wales

CITATION : Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales and the Department of Community Services [2002] NSWIRComm 33 NOTIFIER Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales PARTIES : RESPONDENT Department of Community Services FILE NUMBER: 4268 of 2001 CORAM: Grayson DP Dispute proceedings - small claim by notifying union - agreement as to legal representation - leave of the Commission granted - operation of flexible working hours arrangements in the context of industrial action - operation of 'prohibition on strike pay' provisions of Industrial Relations Act 1996 - whether those provisions require actual deduction from pay - whether such deduction necessarily consistent with provisions of award - existence of "link" between flexible working hours arrangements and pay CATCHWORDS : Held, employee had sufficient hours in credit to entitle him to normal pay for period in question not withstanding hours spent engaging in industrial action - restoration of deducted monies ordered. LEGISLATION CITED : Industrial Relations Act 1996 s 130 s 143 s 379 Workplace Relations Act 1996 (Cth) s 187 AA Australian Meat Industries Employees Union v Australia Meat Holding Pty Ltd [1996] NSWIRComm 223 CASES CITED : Crown Employees (Public Service Conditions of Employment 1997) Award, Re Independent Education Union of Australia v Canonical Administrators & Ors (1998) 157 ALR 531 New South Wales Teachers Federation v TAFE Commission [1997] NSWIRComm 115 HEARING DATES: 02/19/2002 DATE OF JUDGMENT: 03/12/2002