PSA v Director General NSW Primary Industries. [2009] NSWIRComm 1078

Industrial Relations Commission of New South Wales

CITATION: PSA v Director General NSW Primary Industries. [2009] NSWIRComm 1078

APPLICANT PARTIES: Public Service Association and Professional Officers Association Amalgamated Union of New South Wales. RESPONDENT Director General of Department of Industry and Investment (Formally NSW Department of Primary Industries)

FILE NUMBER(S): 900 of 2009

CORAM: Ritchie C

Section 130 dispute notification. PSA on behalf of a member submitted that an employee of the respondent had been incorrectly graded on promotion. Member had been on the top of a grade when promoted to another position covered by a different award. Member had been receiving a supervisory allowance when working in this lower position. This allowance paid for all purposes. When promoted he lost the allowance. Graded in new position same rate of pay as old position. PSA argued that allowance under old position should have been taken into consideration when striking rate/grade for new job. Also member had been in the old job at that pay level for more than 12 months. CATCHWORDS: Dept. Recruitment Procedure stated that a person on rate for 12 months or more should go to next level. Respondent argued that allowance no longer applied under the new award. Respondent also argued that clause in the new award required a person who wished to progress to a higher grade must apply and satisfy a progression criteria. Employee has not applied. PSA submitted that the clause did not apply ,Dept Recruitment Procedure applied. Commission found that allowance ceased once the employee had been promoted to a new position under a new award. Commission found that the clause in the new award applied not the Dept. Recruitment Procedure. Also the Dept Recruitment Procedure does not mandate the procedure as the word "may" is used. Commission found in favour of the respondent.