Department of Corrective Services v. Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales [2006] NSWIRComm 1079

Industrial Relations Commission of New South Wales

CITATION: Department of Corrective Services v. Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales [2006] NSWIRComm 1079

APPLICANT Department of Corrective Services PARTIES: RESPONDENT Public Services Association and Professional Officers' Association Amalgamated Union of New South Wales

FILE NUMBER(S): IRC 132 of 2006

CORAM: Connor C

CATCHWORDS: industrial dispute - industrial action - special case considerations - variation to award - higher duties allowance - proposal to discount remuneration received for higher duties work - implications from annualisation of salaries

LEGISLATION CITED: Industrial Relations Act 1996

CASES CITED: State Wage Case (2005) 142 IR 337

HEARING DATES: 24/03/2006, 04/05/2006, 10/05/2006

DATE OF JUDGMENT: 06/02/2006

APPLICANT John Murphy LEGAL REPRESENTATIVES:

RESPONDENT Adam Hatcher

DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: CONNOR C

Friday, 2 June, 2006

Matter No IRC 132 of 2006

Department of Corrective Services and the Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales

Dispute notification under S.130 of the Industrial Relations Act, 1996 re compensation for higher duties work

DECISION

[2006] NSWIRComm 1079

Introduction

1 The Department of Corrective Services lodged a notification of an industrial dispute with the Public Service Association and Professional Officers Association Amalgamated Union of New South Wales pursuant to the provisions of S.130 of the 1996 Industrial Relations Act. Prison officers (the Prison Officers Vocational Branch) proposed to impose a ban on performing higher duties, ie relief work for commissioned officer positions. The ban by the prison officers was to come into operation on Friday, 13 January, 2006. The Department claimed that the impact of the bans would mean that the orderly and efficient operation of correctional centres in the State would be put at risk and that prisoners would be required to be locked in their cells over the weekend. Furthermore, the prison officers attached to the Parramatta Correctional Centre had given 72 hours notice that they would be taking further (unspecified) industrial action if the Department did not fill a position of manager of security on a seven day basis.