Australian Rail, Tram and Bus Industry Union, New South Wales v State Transit Authority [2007] NSWIRComm 221

Industrial Relations Commission of New South Wales

CITATION: Australian Rail, Tram and Bus Industry Union, New South Wales v State Transit Authority [2007] NSWIRComm 221

APPLICANT Australian Rail, Tram and Bus Industry Union, New South Wales Branch PARTIES: RESPONDENT State Transit Authority

FILE NUMBER(S): 1095 of 2007

CORAM: Sams DP

Industrial dispute - State Transit Revenue Protection Officers - filling of temporary newly created positions - existing suitable applicants - use of eligibility list - savings in time, cost and efficiency - alternative to re-opening selection procedure - merit selection - relevant legislative provisions - use of acting in higher duties policy - policy on filling temporary positions - management prerogative. CATCHWORDS: Held; importance of maintaining integrity of merit selection - savings obvious, but not outweighed by other considerations - process must be open and transparent - significant differences between permanent and temporary employment - positions not substantially the same - willingness of selected applicants to accept positions not relevant - training required - use of eligibility list in this way is new and unique - principles of management prerogative not applicable - merit selection should apply - acting up in higher duties policy not appropriate - use of filling of temporary positions policy - orders made.

Industrial Relations Act 1996 Passenger Transport (Bus Services) Regulations 2000 LEGISLATION CITED: Public Sector Employment and Management Act 2002 Public Sector Management Amendment Act 1995 Transport Administration (Staff) Regulation 2005 Transport Administration Act 1988