Notification under Section 130 by Police Association of New South Wales of a dispute with Commissioenr of Police re Draft Policy [2008] NSWIRComm 184

Industrial Relations Commission of New South Wales

CITATION: Notification under Section 130 by Police Association of New South Wales of a dispute with Commissioenr of Police re Draft Policy [2008] NSWIRComm 184

APPLICANT Police Association of New South Wales PARTIES: RESPONDENT Commissioner of Police

FILE NUMBER(S): IRC 1005 of 2008

CORAM: Staff J

CATCHWORDS: Industrial dispute - Police Service - NSW Police suspension policy and procedures - Officer's entitlement to payment of monies upon return to workforce after suspension without pay - Officer's entitlement to incremental progression during period of suspension - Interpretation of incremental progression clause in award - Effect of conjunction "or" in award subclause - Whether refusal to reimburse withheld monies upon return from suspension is a reviewable action under s 173(2) of the Police Act - Recommendation that decision to refuse reimbursement be dealt with in accordance with s 173(2)(d) of Police Act - Recommendation that draft suspension policy be amended to provide for entitlement to incremental progression during periods of suspension

Crimes (Sentencing Procedure) Act 1999 LEGISLATION CITED: Industrial Relations Act 1996 Police Act 1990 Police Regulation 2008

Australian Workers' Union v Pasminco Australia Ltd (2003) 131 IR 1 Ormerod v Blaslov (1989) 52 SASR 263 CASES CITED: Electricity Trust of South Australia v Krone (Australia) Technique Pty Ltd (1994) 51 FCR 540; 123 ALR 202 Quality Bakers v ALHMWU [2004] NSWIRComm 318 RF Brown & Co Ltd v T & J Harrison (1927) 43 TLR 394 Unity APA Ltd v Humes Ltd (No 2) [1987] VR 474