Industrial Relations Commission of New South Wales CITATION : Crown Employees (2000 Olympic and Paralympic Games Staff Reassignment) Award [2000] NSWIRComm 129 APPLICANT: Public Employment Office PARTIES : RESPONDENTS: Labor Council of New South Wales & affiliated unions Public Service Association Australian Metal Workers Union FILE NUMBER: IRC1847 of 2000 CORAM: Walton J Vice-President CATCHWORDS : Application for new award - award to deal with voluntary reassignment of government agency staff for Olympic and Paralympic Games - government agency to remain employer at all times - employee to be subject to the control and direction of receiving agency - terms of engagement - award of considerable industrial merit and provides for efficient operation of Olympic and Paralympic Games - award made LEGISLATION CITED : Industrial Relations Act 1996 s10 HEARING DATES: 07/19/2000 DATE OF JUDGMENT: 07/26/2000 APPLICANT: Mr Phillips of Counsel SOLICITOR: I V Knight LEGAL REPRESENTATIVES: Crown Solicitors Office RESPONDENT: Mr Lennon Labor Council New South Wales JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: WALTON J, Vice-President WEDNESDAY 26 JULY 2000 Matter No. IRC1847 of 2000 Crown Employees (2000 Olympic and Paralympic Games Staff Reassignment) Award. Application by the Public Employment Office for a new award. DECISION 1 This is an application by the Public Employment Office (PEO) for a new award entitled Crown Employees (2000 Olympic and Paralympic Games Staff Reassignment) Award. On 19 July 2000 the Commission made a new award in terms of the application filed by the PEO as amended during proceedings. These are the reasons for that decision. 2 The award provides for the reassignment of employees of a particular government agency (known in the award as the "home agency") to various receiving agencies which have particular roles and service delivery responsibilities in relation to the staging of the 2000 Olympic and Paralympic Games ("the Games"). The receiving agencies include the Olympic Co-Ordination Authority, the Olympic Roads and Transport Authority and the Olympic Security Command Centre and the Police Service of New South Wales. A reassignment is defined in the award as meaning: Where a staff member has volunteered to undertake other duties in a receiving agency as directed by the Chief Executive of the receiving agency. 3 The award provides that a staff member may volunteer for reassignment by expressing an interest in reassignment in accordance with procedures established by the Premier's Department. The approval of the home agency to a staff member being reassigned is subject to the service delivery needs of the home agency at the time of reassignment. At all times during a period of reassignment the staff member will remain the employee of the home agency but will be subject to the control and direction of the receiving agency whilst on reassignment. 4 In the grounds and reasons in support of the application, the applicant notes that: The proposed Award will facilitate the release of employees from Government agencies to undertake volunteer roles for the Games by setting in place certain obligations on the employee's agency and the agency receiving the reassigned employee. 5 Clause 5 of the award contains an important acknowledgment by the parties as follows: 5.1 The parties to this Award acknowledge that special and unique circumstances will apply to the operation of Games venues, other related facilities and the delivery of services related to the staging of the Games. 5.2 The parties acknowledge that the conditions contained in this Award will not create a precedent in regard to employment arrangements or conditions applying to any other special event hosted at Games venues or for any other purpose. 5.3 The parties agree that reassignment is voluntary and is subject to an expression of interest by the staff member and the approval by the home agency, which is to be based on the home agency's operational and service requirements. 5.4 The parties acknowledge that the arrangements contained in this Award may vary the normal working arrangements and conditions which may otherwise have applied to employees had they not been reassigned. 5.5 The parties agree that the arrangements contained in this Award recognises the need for equity, fairness, flexibility and transparency in dealing with staff considerations. 6 The award also provides for the terms of engagement of reassigned staff. In terms of rates of pay, the reassigned employee will receive the rate of pay they would have received in the home agency had the reassignment not occurred. This rate of pay includes shift penalties and other allowances in the nature of salary which the staff member would have been entitled to receive had the staff member not been reassigned. The award also makes special arrangements as to working hours, including 'time off in lieu' for hours worked in excess of the staff member's ordinary working hours. The award also provides for sick leave, family and community service leave and other paid leave and covers meals, transport and uniforms and payroll issues. The reassignment may be terminated by mutual agreement or upon the giving of seven days' notice by the staff member or receiving agency (noting in this respect the special provisions in cl18 of the award). 7 The applicant relied upon the affidavit of David Hamilton Clark in support of the application. In his evidence Mr Clark traced the history of the development of the award and, in particular, noted the need for volunteer services by reassignment in order to support the operation of the Games. He also gave evidence that there was substantial consultation and negotiation underpinning the proposed award. That negotiation commenced in September 1999 and involved negotiations between the Labor Council of New South Wales and affiliated unions and the applicant. Annexed to Mr Clark's affidavit was correspondence written by Dr Gellatly, Director-General of the Premier's Department of New South Wales, to the Labor Council of New South Wales. In the correspondence the following understanding was given: ... no reassigned worker would be placed in a position, which requires additional job specific training or qualifications, (eg. special licenses). I also assure you that none of the work of the reassigned volunteers will have a negative impact on the work normally being done by other permanent full time employees. An industrial award is being developed to cover volunteers for Olympic positions and a draft will be forwarded to you shortly, in terms already discussed with unions. Volunteers will be required to fill a variety of positions throughout the Olympic and Paralympic period and will be required to undergo training to equip them with the additional skills required. 8 In my view the award meets the requirements of the statute and in particular the requirements of s10 that the award "provides fair and reasonable conditions of employment for employees". The proposed award also meets other minimum statutory requirements for the making of awards. 9 The award has considerable industrial merit. It operates with respect to volunteer employees and permits such persons to engage in activities which provide a significant public benefit. That is, the award assists in the efficient operation of the Olympic and Paralympic Games. For this same reason the award is clearly one which should be made in the public interest. I note additionally that the award conforms with the relevant wage fixing principles, and statutory requirements for the making of awards. 10 In all the circumstances the Commission confirms the making of the award known as the Crown Employees (2000 Olympic and Paralympic Games Staff Reassignment) Award in terms of exhibit 4 in the proceedings, as amended (in terms of cl3.1(ii) and cl7.1). In accordance with cl6 of the award, that award shall operate on and from 19 July 2000 and shall remain in force until 2 November 2001. 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