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 JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSSION OF NEW SOUTH WALES CORAM: MARKS J Friday 21 September 2001 Matter No IRC 1887 of 2001 PUBLIC SERVICE ASSOCIATION OF NEW SOUTH WALES v THE DEPARTMENT OF CORRECTIVE SERVICES NEW SOUTH WALES DECISION 1 This dispute notification involves in part the matter which is the subject of my decision in proceedings between the same parties in Matter No IRC 1196 of 2000. It was my desire to have my decision in those proceedings embrace these proceedings. However, because these proceedings were instituted in the year 2001 and the other proceedings were instituted in the year 2000, the template provided by the Information Technology Section of the Attorney General's Department of New South Wales is unable to allow the one cover sheet to be issued accommodating both sets of proceedings. Accordingly, it is necessary for me to issue a separate decision with respect to these proceedings which, in all respects is identical with my decision published in Matter No IRC 1196 of 2000. DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.