Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Director of Public Employment (No 2) [2011] NSWIRComm 161

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 (No 2) [2011] NSWIRComm 161 Hearing dates: 21 November 2011, 1 December 2011 Decision date: 05 December 2011 Jurisdiction: Industrial Court of NSW Before: Boland J, President Decision: The Court: (1) DECLARES that each of the Listed Officers are party to an overall arrangement constituted by: (a) A contract of employment; and (b) The terms of the Premier's Memorandum M2008-22 "Managing Excess Employees" and the terms of the Premier's Memorandum M2011-11 ("the Arrangements"). (2) DECLARES that the Arrangements are unfair contracts within the meaning of s 105 of the Industrial Relations Act 1996. (3) ORDERS that the Arrangements are varied for each of the Listed Officers so as to include, where applicable having regard to Order (3)(b) hereof, the following terms for each of the Listed Officers in Appendix A: (a) The terms of the Premier's Memorandum M2008-22 "Managing Excess Employees" will continue to apply to the exclusion of the terms of the Premier's Memorandum M2011-11 until 31 July 2014. (b) If the Listed Officer is forcibly retrenched before 1 August 2014: (i) they will be given three months' written notice of the intention to be made redundant (or if agreed three months' pay in lieu of notice); and (ii) they will receive a severance payment as follows: a. three weeks per year of continuous service with a maximum of 39 weeks, with pro-rata payments for incomplete years of service to be on a quarterly basis; plus b. the benefit allowable as a contributor to a retirement fund; plus c. pro rata annual leave loading for leave accrued at the date of termination. (4) MAKES no order as to costs. Catchwords: UNFAIR CONTRACT - Consequential orders - Certain arrangements between officers employed in the public service and their employer declared to be unfair contracts within the meaning of s 105 of the Industrial Relations Act 1996 - Orders made varying the arrangements - No order as to costs Legislation Cited: Industrial Relations Act 1996 Public Sector Employment and Management Act 2002 Cases Cited: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Director of Public Employment [2011] NSWIRComm 152 Category: Consequential orders Parties: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (Applicant in IRC2011/1286 and 1376) Australian Services Union of N.S.W (Applicant in IRC2011/1497) Director of Public Employment (Respondent in IRC2011/1286, 1376) Maritime Authority of New South Wales (Respondent in IRC2011/1497) State of New South Wales (Respondent in IRC2011/1497) Unions NSW (Intervenor in all matters) Representation: Mr M Gibian of counsel (Applicant in IRC2011/1286 and 1376) W G McNally Jones Staff Lawyers