Crown Employees (Police Officers - 2009) Award [2011] NSWIRComm 43

Industrial Relations Commission New South Wales Medium Neutral Citation: Crown Employees (Police Officers - 2009) Award [2011] NSWIRComm 43 Hearing dates: 4, 5, 15, 16, 17 & 19 March 2010; 24 & 25 May 2010; 15, 16, 26, 27, 28 & 30 July 2010; 9 & 13 August 2010; 16 & 22 November 2010 Decision date: 08 April 2011 Jurisdiction: Industrial Relations Commission Before: Boland P, Walton VP, Grayson DP Decision: Application dismissed Catchwords: AWARD - application to vary - leave reserved clause - Tactical Operations Unit and Police Prosecutors - attraction and retention - condition for leave reserved - interlocutory rulings as to leave reserved clause - historical issues of attraction and retention not relevant - whether current or potential shortages in subject areas - no relevant attraction or retention issue in subject areas - finding of shortages not available - no assessment of work value case - conditions for leave reserved not met - application dismissed Legislation Cited: Industrial Relations Act 1996 Cases Cited: Construction, Forestry, Mining and Energy Union (New South Wales Branch) and Macquarie Generation [2009] NSWIRComm160 Re Operational Ambulance Officers (State) Award [2008] NSWIRComm 168 Crown Employees (NSW Fire Brigades Permanent Firefighting Staff) Award 2008 [2008] NSWIRComm 174 Category: Principal judgment Parties: Police Association of New South Wales (Applicant) Commissioner of Police (Respondent) Representation: A A Hatcher SC with A Howell (Applicant) R C Kenzie QC with T J Dixon of counsel (Respondent) Police Association of New South Wales (Applicant) Crown Solicitor's Office (Respondent) File Number(s): IRC 942 of 2009