Re Crown Employees (Public Sector - Salaries 2011) Award (No 4) [2011] NSWIRComm 130

Industrial Relations Commission New South Wales Medium Neutral Citation: Re Crown Employees (Public Sector - Salaries 2011) Award (No 4) [2011] NSWIRComm 130 Hearing dates: 21 September 2011 Decision date: 27 September 2011 Jurisdiction: Industrial Relations Commission Before: Boland J, President, Backman J, Tabbaa C Decision: (1) The Crown Employees (Public Sector - Salaries 2008) Award is varied in terms of the schedule marked "B" that was filed on behalf of the Director of Public Employment on 21 September 2011 except that cl 4, which is in the following terms, is deleted: 4. In Clause 3 Salaries, insert after subclause 3 (iv) a new subclause 3 (v) as follows: "The salary increases referred to in paragraph (d) of subclause (iii) of this clause, insofar as they apply from the first full pay period on or after 1 July 2011 and have retrospective effect, shall only be paid to those employees who are employed as at 10 August 2011." (2) The Crown Employees (Roads and Traffic Authority of New South Wales - Salaried Staff Salaries and Conditions of Employment) Award 2008 and the Crown Employees (Roads and Traffic Authority of New South Wales - Salaried Staff Salaries) Award 2008 are varied in terms of the schedule filed by the Roads and Traffic Authority of New South Wales on 26 August 2011, except that cl 1(iii) of the schedule, which refers to cl 3(iv) of the Crown Employees (Roads and Traffic Authority of New South Wales - Salaried Staff Salaries and Conditions of Employment) Award 2008, is deleted. That provision is as follows: 1. Vary clause 3 (Salaries) of the Award dated 16 October 2008 as follows: ... (iii) Delete the existing clause 3(iv) and insert a new clause 3(iv) as follows: "The salary increases referred to in paragraph (d) of subclause (iii) of this clause, insofar as they apply from the first full pay period on or after 1 July 2011 and have retrospective effect, shall only be paid to those employees who are employed as at 10 August 2011." Catchwords: AWARD - Interlocutory decision - Retrospective operative date ordered for increase in public sector salaries of 2.5 per cent - Whether employees who had left employment between operative date and date of decision should receive increase - Specific consideration of persons who retired and persons who took voluntary redundancy - Whether previous consent awards provided a precedent - Whether distinction should be made between employees who remained in employment as at the date of the decision and orders granting the 2.5 per cent increase and those who left employment, for whatever reason, before that date - Orders made to the effect that persons who were employed as at the operative date of the variation and for any subsequent period would receive increase. Legislation Cited: Industrial Relations Act 1996 Cases Cited: Application by Transport Workers Union of Australia to vary the Transport Workers (Northern Territory) Award, Re (Australian Industrial Relations Commission, Full Bench, Print E3390, 15 July 1980) Breadcarters (Metropolitan and Collie) Award, Re (Western Australian Industrial Appeals Court, 26 May 1975) 1975 AILR Rep 530 Crown Employees (Public Sector - Salaries 2011) Award (No 3), Re [2011] NSWIRComm 104 Crown Employees (Land Surveyors) Conciliation Committee, Re [1930] AR 278 Municipal Officers' Association v Melbourne and Metropolitan Board of Works 165 CAR 478 Category: Interlocutory applications Parties: Roads and Traffic Authority of NSW (Applicant in Matter IRC2011/1238; Respondent in Matter IRC2011/1242) Director of Public Employment and other Government Agencies (Applicant in Matter No IRC2011/1242; Respondent in Matter No IRC2011/1238) Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (Respondent in Matter Nos IRC2011/1238 and 1242) Representation: Mr R Kenzie QC for the Director of Public Employment, other Government Agencies and RTA (Applicant in Matter Nos IRC2011/1238 and 1242) Crown Solicitor's Office