Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales and Department of Education and Training re permanent part year employment [2009] NSWIRComm 1099

Industrial Relations Commission of New South Wales

CITATION: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales and Department of Education and Training re permanent part year employment [2009] NSWIRComm 1099

APPLICANT Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales PARTIES: RESPONDENT New South Wales Department of Education and Training

FILE NUMBER(S): IRC 454 of 2009

CORAM: McKenna C

CATCHWORDS: Industrial dispute - public sector - dispute between PSA and DET about whether permanent part-year employment is a valid form of employment under the Public Sector and Employment Management Act for employees at a TAFE college - legislation, award and Hansard considered - HELD: contrary to Public Sector and Employment Management Act to employ on permanent part-year basis, other than in specified circumstances for transferred employees and under flexible work practices policy - direction not to proceed to offer such employment - pay equity considerations noted - recommendation not to proceed to offer such employment for pay equity-related reasons - recommendation to discuss implications of decision

Industrial Relations Act 1996 Public Sector Employment and Management Act 2002 LEGISLATION CITED: Public Sector Employment Legislation Amendment Act 2006 Technical and Further Education Act 1990 AWARDS Crown Employees (NSW TAFE Commission – Administrative and Support Staff Conditions of Employment Award 2009