Re Crown Employees (Public Sector - Salaries 2011) Award (No 2) [2011] NSWIRComm 95

Industrial Relations Commission New South Wales Medium Neutral Citation: Re Crown Employees (Public Sector - Salaries 2011) Award (No 2) [2011] NSWIRComm 95 Hearing dates: 15 July 2011 Decision date: 18 July 2011 Jurisdiction: Industrial Relations Commission Before: Boland J, President Decision: (1) The PSA shall, within 48 hours, file and serve a notice of motion setting out the relief it claims in relation to its challenge to the constitutional validity of the Amendment Act and its contention that the Regulation was not validly made. (2) The Commission will sit as a Full Bench of the Commission in Court Session on 1 and 2 August 2011 commencing at 10.00am to hear the parties and intervenors on the PSA's motion. (3) The PSA's application and the cross applications by the DPE and RTA will be the subject of conciliation proceedings before Staff J at 10.00am on 26 July 2011. (4) Subject to the outcome of the conciliation proceedings, the Full Bench of the Commission will sit on 4 August 2011 and the necessary number of days following to hear and determine any issues between the parties that remain outstanding from the conciliation proceedings. (5) Liberty to apply. Catchwords: AWARD - Interlocutory proceedings - Application for a new Award dealing with public sector salaries and cross applications - Directions made for hearing of challenge by Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales to validity of Industrial Relations Amendment (Public Sector Conditions of Employment) Act 2011 and PSA's contention that the Industrial Relations (Public Sector Conditions of Employment) Regulation 2011, which had been made under s 146C of the Industrial Relations Act 1996, was not a valid exercise of the regulation making power in s 407 of the Industrial Relations Act- - Further directions made in respect of conciliation and arbitration of any outstanding issues Legislation Cited: Industrial Relations Act 1996 Industrial Relations Amendment (Public Sector Conditions of Employment) Act 2011 Industrial Relations (Public Sector Conditions of Employment) Regulation 2011 Judiciary Act 1903 Cases Cited: Crown Employees (Public Sector - Salaries 2011) Award, Re [2011] NSWIRComm 84 Category: Interlocutory applications Parties: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (Applicant in Matter No IRC2011/214; Respondent in Matter Nos IRC2011/1238 and 1242) Director of Public Employment and other Government Agencies (Respondent in Matter No IRC2011/214 and 1238; Applicant in Matter No IRC2011/1242) Roads & Traffic Authority of NSW (Respondent in Matter IRC2011/214 and 1242; Applicant in Matter No IRC2011/1238) The Australian Workers Union, New South Wales Branch (Respondent in all matters) Minister for Finance and Services (Intervenor in all matters) Attorney General of NSW (Intervenor in all matters) Unions NSW (Intervenor in all matters) Representation: Mr A Hatcher SC with Mr M Gibian of counsel for PSA (Applicant in Matter No IRC2011/214; Respondent in Matter Nos IRC2011/1238 and 1242) W G McNally Jones Staff