Crown Employees (Teachers - Investigation of Alleged Child Related Misconduct) Award 2008 [2008] NSWIRComm 225

Industrial Relations Commission of New South Wales

CITATION: Crown Employees (Teachers - Investigation of Alleged Child Related Misconduct) Award 2008 [2008] NSWIRComm 225

APPLICANT New South Wales Teachers Federation

PARTIES: RESPONDENT Department of Education and Training

INTERVENOR Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales

FILE NUMBER(S): IRC 866 of 2008 and IRC 2011 of 2007

CORAM: Staff J

Public Service - Non school based Teaching Service - Award application - Whether power to make an award requiring 50 per cent of employees employed in Child Protection Investigation Teams of the Department of Education and Training must have education teaching service backgrounds - Whether power to make an award to provide that assessment of complaints be made by a person with an education teaching service background - Interpretation of s 47A of the Teaching Service Act 1990 - Held - No power to make an award which imposed upon the Department a requirement as to who or what category of person were to be employed - Further in the exercise of discretion the application should also be refused - Industrial Relations Act 1996 (NSW), s 10 - Teaching Service Act 1980 (NSW), s 7(1)(b) and s 47A - Public Sector Management Act 2002 (NSW), s 22 CATCHWORDS: Awards - Application for award requiring 50 per cent of employees to hold education teaching service qualifications - Public sector employees - Jurisdiction - Whether power to make an award imposing a requirement on the Department as to who or what category of persons were to be employed in the Public Service - Statutory interpretation - Application dismissed