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

Industrial Relations Commission of New South Wales

CITATION: 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

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; IRC 1346; IRC 1348; IRC 1350; IRC 1455 of 2009

CORAM: Marks J

CATCHWORDS: APPLICATION FOR RELIEF - unfair dismissal - procedural fairness - appointment under statute - delegation of power to investigate and make determinations about misconduct and to impose penalty - whether appointment and delegation of powers to decision-maker valid - whether appointment constitutes employment under relevant provisions - contract of employment - employment relationship - "member of staff" - "temporary employee" - held delegation invalid - relief granted - orders made

Industrial Relations Act 1996 - s 89, s 130, 136, s 137, LEGISLATION CITED: Interpretation of Legislation Act 1984 - s 35 Public Sector Employment and Management Act 2002 - s 3, s 4F, s 6, s 7, s 27, s 42, s 46

Castlemaine Tooheys Ltd v South Australia [1986] HCA 58; (1986) 161 CLR 148 Director-General of Education v Suttling [1987] HCA 3; (1987) 162 CLR 427 Downe v Sydney West Area Health Service (No 2) [2008] NSWSC 159 Hill v Director-General of the Department of Education and Training (NSW) [1998] NSWIRComm 622; (1998) 85 IR 201 CASES CITED: Jarratt v Commissioner of Police (NSW) [2005] HCA 50; (2005) 224 CLR 44 R v Ashby [2010] VSC 14 Sydney Water Corporation v Australian Services Union [2005] NSWIRComm 305 Visscher v The Honourable President Justice Guidice [2009] HCA 34 Wells v Newfoundland [1999] 3 SCR 199