NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Staff Specialists (State) Award [2008] NSWIRComm 1126
APPLICANT: Australian Salaried Medical Officers' Federation (New South Wales) PARTIES: RESPONDENT: Director General, New South Wales Department of Health
FILE NUMBER(S): IRC 543 of 2008
CORAM: Bishop C
CATCHWORDS: AWARD - Application to vary award re salary packaging - Opposing applications - Whether arrangements entered into in 2002 should be inserted into award - Preservation of status quo sought by ASMOF - Opposed by Department - Disparity between salary sacrifice schemes applicable to employees in NSW public health sector - No changes sought between 2002 and 2006 - Whether 2002 arrangements represented an agreement between the parties in usually understood industrial terms - Whether Department's changes in 2007 represented reneging of 2002 arrangements - New award proceedings now commenced. HELD -Agreement reached between parties in 2002 - ASMOF entitled to act on faith of agreement reached - Inappropriate for Department to unilaterally walk away from agreement in 2007 - Appropriate for issue to be part of new award proceedings - Award varied in terms sought by ASMOF - Operative date from first pay period following date of decision.
LEGISLATION CITED: Industrial Relations Act 1996
Codelfa Constructions Pty Ltd v State Rail Authority of New South Wales (1982) 149 CLR 337 Commonwealth of Australia v Verwayen (1990) 170 CLR 394 Crown Employees (New South Wales Fisheries Salaries and Conditions of Employment) Award 2004 [2003] NSWIRComm 405 Crown Employees (Teachers in Schools and Related Employees) Salaries and Conditions Award and Crown Employees (Teachers in TAFE and Related Employees) Salaries and Conditions Award [2008] NSWIRComm 209 Elura Mine Enterprise (Consent) Award 2001 [2003] NSWIRComm 218 Finance Sector Union of Australia v Commonwealth Bank of Australia [2004] FCA 187 CASES CITED: Fox v GIO Australia Ltd (2002) 120 IR 401 Iron and Steel Works Employees (Australian Iron and Steel Limited - Port Kembla) and other awards (1945) 44 AR 64 Payne v Howison (unreported) (Cahill V-P, Hill, Marks JJ) (26 September 1997) re Brack; ex parte Operative Painters and Decorators Union of Australia (1984) 51 ALR 731 Staff Specialists (State) Award, Re [2006] NSWIRComm 124 Staff Specialists (State) Award, Re [2007] NSWIRComm 191 Waltons Stores (Interstate) Ltd v Maher (1987-1988) 164 CLR 387
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