Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales and Zoological Parks Board of New South Wales [2004] NSWIRComm 175

Industrial Relations Commission of New South Wales

CITATION : Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales and Zoological Parks Board of New South Wales [2004] NSWIRComm 175 NOTIFIER PARTIES : Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales RESPONDENT Zoological Parks Board of New South Wales FILE NUMBER: 1674 of 2003 CORAM: Sams DP Industrial dispute - award coverage of Operations Supervisors at Taronga Zoo - application to vary award - claim of underpayment for Operations Supervisors - declaration sought - job evaluation - whether position appropriately graded - whether duties performed consistent with position description - evidence of managers and supervisors - absence of line management - level of supervision and extent of responsibilities - appropriate comparisons - introduction of new classification. CATCHWORDS : Held, evidence of managers and supervisors preferred - respondent's comparisons not appropriate - position description not reflective of actual work performed - grading of position under valued - supervisors not paid appropriately for the work performed - higher duties accepted - Operations Supervisors comparable to new position - underpayment claim justified - parties directed to confer on implementing decision - liberty to apply in the event of disagreement. Industrial Relations Act 1996 LEGISLATION CITED : Exhibited Animals Protection Act 1986 Quarantine Act 1908 National Parks and Wildlife Act 1974 Re Dispute - Upper Hunter County Council re grading (No 2) [1973] AR (NSW) 759 CASES CITED : Federated Municipal and Shire Council Employees' Union of Australia, New South Wales Division v Energy Australia (1999) 90 IR 311 Holman v Holman [1964] 5 FLR 406 Poricanin v Australian Consolidated Industries Ltd [1979] 2 NSWLR 419 HEARING DATES: 03/08/2004; 03/09/2004 DATE OF JUDGMENT: 06/25/2004