Ross v NSW Police Force; Mayo v NSW Police Force [2011] NSWIRComm 1005

Industrial Relations Commission New South Wales Medium Neutral Citation: Ross v NSW Police Force; Mayo v NSW Police Force [2011] NSWIRComm 1005 Hearing dates: 8 February 2011 Decision date: 23 February 2011 Jurisdiction: Industrial Relations Commission Before: Lynch AC Decision: Both appeals are struck out for want of jurisdiction Catchwords: Contract of Employment. Definitions of "public sector employee" and "public sector employer" - Part 7, Division I, section 91(1) of the Industrial Relations Act 1996. Decision of a kind referred to in Part 7, Division 3, section 97(1) of the Industrial Relations Act 1996 Legislation Cited: Industrial Relations Act 1996 Cases Cited: Stevens v Brodribb Sawmilling Company Pty Ltd (1986) 160 CLR 16 Reverend Howard Ian Knowles and The Anglican Property Trust, Diocese of Bathurst [1999] NSWIRComm157 In re Crown Employees (Technical Teachers) Award [1974] AR 450 Category: Procedural and other rulings Parties: Danielle Michelle Ross (First Appellant) Rhondele Veronica Mayo (Second Appellant)

NSW Police Force (Respondant) Representation: McGuire James Hall & Associates (Appellants)

N Quinn, Senior Industrial Officer (Respondent) File Number(s): IRC 1479 of 2010 and IRC 1488 of 2010

DECISION

Introduction 1These matters were heard on 8 February, 2011. The parties supplied written submissions to the Commission prior to the hearing and further oral submissions at the hearing on 8 February, 2011. 2The appellants, Ms Danielle Ross and Ms Rhondele Mayo, sought to have the two matters joined and the evidence in one matter be considered evidence in the other matter. The joining of the matters was not opposed by the respondent. 3Both appellants were students at Charles Sturt University, enrolled in the Associate Degree in Policing Practice (ADPP) at the New South Wales Police College, Goulburn. 4On 3 December, 2010 Ms Ross had her professional suitability for employment as a police officer removed by the Principal of the Police College. On 30 November, 2010 Ms Mayo had her professional suitability for employment as a police officer removed by the Principal of the Police College. 5On 6 December, 2010 the appellants had the decisions of the Principal of the Police College reviewed by the students professional suitability appeal panel. The appeal panel members substituted a period of suspension of 5 years from 30 November, 2010. 6On 17 December, 2010 Ms Ross filed an appeal in the Industrial Relations Commission pursuant to section 98 of the Industrial Relations Act 1996 (the Act). On 20 December, 2010 Ms Mayo filed an appeal in the Industrial Relations Commission pursuant to the same section.