Staff Specialists (State) Award, (No 2) Re [2007] NSWIRComm 63

Industrial Relations Commission of New South Wales

CITATION: Staff Specialists (State) Award, (No 2) Re [2007] NSWIRComm 63

PARTIES: Australian Salaried Medical Officers' Federation (New South Wales) Director General - New South Wales Department of Health

FILE NUMBER(S): IRC 3863 of 2004 and 3871 of 2005

CORAM: Wright J President; Boland J; Connor C

CATCHWORDS: Award - Clarification of operative date of increases to managerial allowances in new award - Ongoing conciliation regarding employment conditions for emergency physicians

LEGISLATION CITED: Industrial Relations Act 1996

CASES CITED: Staff Specialists (State) Award, Re [2006] NSWIRComm 124

DATE OF JUDGMENT: 23 March 2007

APPLICANT Mr J Nolan of counsel Australian Salaried Medical Officers' Federation (New South Wales) Mr S Mead LEGAL REPRESENTATIVES:

RESPONDENT Mr M Kimber, SC Director General - New South Wales Department of Health Mr A Farley

JUDGMENT: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

FULL BENCH

CORAM: WRIGHT J President BOLAND J CONNOR C

Friday 23 March 2007

Matter No IRC 3863 of 2004

STAFF SPECIALISTS (STATE) AWARD

Application by the Australian Salaried Medical Officers' Federation (New South Wales) for variation re salary increases and other matters

Matter No 3871 of 2005

STAFF SPECIALISTS (STATE) AWARD

Application by the Health Administration Corporation for variation re salary increases and other matters

DECISION OF THE COMMISSION [2007] NSWIRComm 63 1 In Re Staff Specialists (State) Award [2006] NSWIRComm 124, a decision given on 24 April 2006, the Full Bench made a new award. In doing so, the Full Bench increased rates of pay, noting that the parties had agreed that any increase would be back-dated, by administrative action, to 1 July 2005. 2 In the decision the Full Bench also introduced new provisions as to managerial allowances and determined the related salary increases would apply from the same operative date as the increases applicable to rates of pay (see the April 2006 decision at [236] to [238]) on the assumption that the parties' agreement as to the operative date also applied to managerial allowances. 3 Subsequently, the parties advised that there had been no agreement to back-date the new managerial allowances to 1 July 2005. We would observe in this respect there were no specific or separate submissions made by either party during the course of proceedings as to the operative date for managerial allowances. It would appear that the only reference to operative date was that "increases that may be awarded by the Commission" would, by agreement, operate from 1 July 2005. 4 However, in light of the absence of any stated agreement between the parties as to the operative date of the managerial allowances, we determine that the managerial allowances awarded by the Full Bench should take effect on and from 24 April 2006. We so order. 5 We should add that in its April 2006 decision the Full Bench made provision for further assistance to be given to the parties in implementing the decision. At [239] the Full bench stated: 239 We note the request by the parties in Exhibit 80 seeking the Commission's continued involvement in the implementation of the new Award through monthly report back conferences over the 12 months following the making of the new Award. The Commission will accommodate that request. The first of these report backs will take place before Boland J on the Monday 5 June 2006 at 9.30am. 6 Boland J has been involved with the parties in a series of conferences since June 2006 in an endeavour to resolve a number of complex implementation issues relating to emergency physicians involving working hours arrangements, work locations and access to a special services allowance. On 10 November 2006, his Honour made a series of recommendations regarding a process to resolve certain differences between the parties. On 18 December 2006 the parties agreed to a modification of his Honour's recommendations. 7 In proceedings on 14 February 2007 Boland J established a timetable for completion of the resolution process, with 30, 31 May and 1 June 2007 being set down for submissions on any outstanding issues. His Honour has indicated to the parties that having heard them, and considered any material tendered, he would make a recommendation pursuant to s 134(2) of the Industrial Relations Act 1996 with the aim of finally resolving the matters. 8 The Full Bench regards the processes and hearing referred to in para [7] as an appropriate continuation of what was contemplated in para [239] of the April 2006 decision. _________________________