PSA and Professional Officers Association Amalgamated Union of NSW v Director of Public Employment by his agent the Director General of the Department of Justice and Attorney General (No 2) [2010] NSWIRComm 137

Industrial Relations Commission of New South Wales

CITATION: PSA and Professional Officers Association Amalgamated Union of NSW v Director of Public Employment by his agent the Director General of the Department of Justice and Attorney General (No 2) [2010] NSWIRComm 137

PARTIES: Public Service Association and Professional Officers Association Amalgamated Union of New South Wales (Applicant) Director of Public Employment by his agent the Director General of the Department of Justice and Attorney General (Respondent)

FILE NUMBER(S): IRC 1345 of 2009

CORAM: Marks J

CATCHWORDS: INTERLOCUTORY PROCEEDINGS – delegation of power to investigate and make determinations about misconduct and to impose penalty – whether appointment and delegation of powers to decision-maker valid – "member of staff – "casual employee" – held delegation invalid – relief granted – orders made

LEGISLATION CITED: Industrial Relations Act 1996 – s 89, s 130 Public Sector Employment and Management Act 2002 – s 4F, s 38, s 39, s 46

Placer Development Ltd v Commonwealth [1969] HCA 29: (1969) 121 CLR 353 Public Service Association and Professional Officers Association Amalgamated Union of New South Wales v Director of Public Employment by his agent the Director General of the Department of Justice and Attorney General [2010] NSWIRComm 36 CASES CITED: Reed v Blue Line Cruises Limited (1996) 73 IR 420 Ryde-Eastwood Leagues Club v Taylor (1994) 56 IR 385 Secure Employment Test Case [2006] NSWIRComm 38; (2006) 150 IR 1

HEARING DATES: 24 September 2010

DATE OF JUDGMENT: 7 October 2010