Crown Employees (Police Officers - 2009) Award [2009] NSWIRComm 190

Industrial Relations Commission of New South Wales

CITATION: Crown Employees (Police Officers - 2009) Award [2009] NSWIRComm 190

PARTIES: Police Association of New South Wales (Applicant) Commissioner of Police (Respondent)

FILE NUMBER(S): IRC 942 of 2009

CORAM: Boland J President

CATCHWORDS: POLICE - Agreement between Police Association and Commissioner of Police - Agreement provided for leave reserved to Association to pursue improved remuneration for certain officers having regard to attraction and retention - Whether leave reserved permitted separate work value case cumulative upon case based on attraction and retention - Subjective intention of parties - Objective test applied to agreement - Meaning of 'having regard to' - Leave reserved limited to attraction and retention.

Construction, Forestry, Mining and Energy Union (New South Wales Branch) and Macquarie Generation [2009] NSWIRComm 160 Crown Employees (NSW Fire Brigades Permanent Firefighting Staff) Award 2008 [2008] NSWIRComm 174 Crown Employees (Public Sector - Salaries 2008) Award [2008] NSWIRComm 193 Health Employees Pharmacists (State) Award and other Awards [2003] NSWIRComm 453; (2003) 132 IR 244 Local Courts Anomaly Case 1989 AR (NSW) 638 CASES CITED: Notification under section 167 by the Minister for Industrial Relations of a dispute between BHP Billiton and The Australian Workers Union and others re proposed strike action [2002] NSWIRComm 378 Operational Ambulance Officers (State) Award, Re [2001] NSWIRComm 331; (2001) 113 IR 384 Operational Ambulance Officers (State) Award [2008] NSWIRComm 168 Public Hospital Nurses (State) Award (No 3) [2002] NSWIRComm 325; (2002) 121 IR 28 R v Hunt; exparte Sean Investments Pty Ltd (1994) 180 CLR 322 R v Toohey; exparte Meneling Station Pty Limited (1983) 158 CLR 327 State Wage Case 2009 [2009] NSWIRComm 120