Public Service Association of NSW v The Department of Corrective Services , NSW [2001] NSWIRComm 222

Industrial Relations Commission of New South Wales

CITATION : Public Service Association of NSW v The Department of Corrective Services , NSW [2001] NSWIRComm 222 APPLICANT Public Service Association of NSW PARTIES : RESPONDENT Department of Corrective Services, NSW INTERVENER NSW Teachers Federation FILE NUMBER: IRC 1887 of 2001 CORAM: Marks J CATCHWORDS : Industrial dispute - Positioning of custodial officer in correctional centre - Safety of non custodial staff - Standard to be applied in determining dispute - Standard under Occupational Health & Safety Act not appropriate - Standard applied at common law with modifications appropriate - Unions' claims upheld LEGISLATION CITED : Industrial Relations Act 1996 s130 Occupational Health & Safety Act CASES CITED : Re Cold Storage & Ice Employees (Cumberland) Award 20 June 1940 (1940) 39 AR (NSW) 191 Bankstown Foundry Pty Ltd v Braistina (1986) 160 CLR 301 at 308-9 HEARING DATES: 03/15/2001; 03/23/2001; 04/02/2001; 04/24/2001; 06/25/2001; 06/26/2001; 07/27/2001; 08/30/2001 DATE OF JUDGMENT: 09/21/2001

APPLICANT The Public Service Association of NSW Mr A A Hatcher of Counsel, Mr J Scullion, Mr A Wilson, Ms J Wright RESPONDENT The Corrective Services Department, NSW LEGAL REPRESENTATIVES: Mr J J E Fernon of Counsel, Ms D Hunter, Mr B Kelly

INTERVENER NSW Teachers Federation Mr N Dawson of Counsel, Mr R Walsham, Ms J France