Director of PE by his agent the Director General of the Dept. of Justice and AG (Corrective Services NSW) and PSAPO's' Asso. Amalgamated Union of NSW [2010] NSWIRComm 172

Industrial Relations Commission of New South Wales

CITATION: Director of PE by his agent the Director General of the Dept. of Justice and AG (Corrective Services NSW) and PSAPO's' Asso. Amalgamated Union of NSW [2010] NSWIRComm 172

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

FILE NUMBER(S): IRC 1146 of 2010

CORAM: Boland J President; Walton J Vice-President; Grayson DP

CATCHWORDS: APPEAL - Leave to appeal - Public sector - Person delegated under s 4F of the Public Sector Employment and Management Act 2002 to investigate alleged misconduct of officers employed in Corrective Services NSW - Relief sought - Contended by respondent that delegation invalid - Primary judge determined that delegation was invalid - Whether determination by primary judge was a final determination or only an interim decision - Held primary judge granted only interim relief - Matter remitted

LEGISLATION CITED: Industrial Relations Act 1996 s 89 s 130 s 136 s 137 Public Sector Employment and Management Act 2002 s 4F s 38

Caltex Petroleum Pty Limited v Harmer (1999) 92 IR 264 Public Service Association and Professional Officers Association Amalgamated Union of New South Wales and Director of Public Employment by his agent the Director General of the Department of Justice and Attorney General [2010] NSWIRComm 36 CASES CITED: 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 Sydney Water Corp v Australian Services Union (NSW and ACT Branch) [2005] NSWIRComm 305; (2005) 146 IR 388 TAB Agents Association v TAB Pty Limited (No 2) [2004] NSWIRComm 155; (2004) 136 IR 305