Public Service Association and Professional Officers Association Amalgamated Union of New South Wales v Director of Public Employment [2011] NSWIRComm 100

Industrial Relations Commission New South Wales Medium Neutral Citation: Public Service Association and Professional Officers Association Amalgamated Union of New South Wales v Director of Public Employment [2011] NSWIRComm 100 Hearing dates: 27 July 2011 Decision date: 29 July 2011 Jurisdiction: Industrial Court of NSW Before: Boland J, President Decision: The application for an interim order is refused. The Court so orders. The amended application is listed for directions at 9.30 am on Monday 1 August 2011. Catchwords: DECLARATIONS - Application by Public Service Association and Professional Officers' Amalgamated Union for declaratory relief - Introduction of new policy by New South Wales Government regarding management of excess employees - Declarations sought that previous government policies regarding excess employees forms part of employees' contracts of employment - Declaration sought that any decision to forcibly retrench any employees would contravene Public Sector Employment and Management Act - Declaration sought in the alternative that contracts of employment or arrangements or related conditions or collateral arrangements unfair, harsh, unconscionable and/or contrary to public interest - INTERLOCUTORY RELIEF - Interim order sought that Director of Public Employment take no further steps to implement proposed new policy pending hearing and determination of the proceedings - Consideration of claim for interim relief - Relief refused Legislation Cited: Industrial Relations Act 1996 Public Sector Employment and Management Act 2002 Cases Cited: A v Commission for Children and Young People [2001] NSWIRComm 194; (2001) 107 IR 211 Atlantis Relocations (NSW) Pty Ltd v Department of Industrial Relations (1997) 99 IR 125 Australian Broadcasting Corporation v O'Neill [2006] HCA 46; (2006) 80 ALJR 1672 Beecham Group Ltd v Bristol Laboratories Pty Ltd (1968) 118 CLR 618 Castlemaine Tooheys Ltd v South Australia [1986] HCA 58; (1986) 161 CLR 148 Crewdson v Department of Community Services (No 2) [2002] NSWIRComm 121 Ford v SAS Trustee Corporation [2000] NSWIRComm 92; (2000) 98 IR 444 Hill v Director General of the Department of Education and Training (1998) 85 IR 201 Kenoss Contractors Pty Ltd v Allied Constructions Pty Ltd [2001] NSWIRComm 19; (2001) 104 IR 66 Newsagents Association of NSW and ACT Ltd v John Fairfax Publications Pty Ltd [2006] NSWIRComm 409; (2006) 160 IR 421 Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Commissioner of Police [2007] NSWIRComm 298 Public Service Board (NSW) v Public Service Australia (NSW) (1986) 14 IR 445 Sea Acres Rainforest Centre Pty Ltd v State of New South Wales [2001] NSWIRComm 207; (2001) 109 IR 56 State of New South Wales v Banas [2004] NSWIRComm 255; (2004) 137 IR 63 Sydney Water Corporation v Australian Services Union (NSW and ACT Branch) [2005] NSWIRComm 305; (2005) 146 IR 388 T v The Commission for Children and Young People. Application by T for declaratory relief under s 154 of the Industrial Relations Act 1996 [2008] NSWIRComm 21 Category: Interlocutory applications Parties: Public Service Association and Professional Officers Association Amalgamated Union of New South Wales (Applicant) Director of Public Employment (Respondent) Unions NSW (Intervenor) Representation: Mr M Gibian of counsel (Applicant) Mr M Kimber SC with Mr M Easton of counsel (Respondent) W J McNally Jones Staff (Applicant) Crown Solicitor's Office (Respondent) Unions NSW (Intervenor) File Number(s): IRC 1286 of 2011