Director-General, Department of Premier & Cabinet v HSUeast [2012] NSWCA 111

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Director-General, Department of Premier & Cabinet v HSUeast [2012] NSWCA 111 Hearing dates: 30 January 2012 Decision date: 01 May 2012 Before: Bathurst CJ at [1]; Basten JA at [14]; Barrett JA at [15] Decision: 1. Application dismissed. 2. Applicant to the pay the costs of the first and second respondents. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: JUDICIAL REVIEW - Decision of Industrial Relations Commission of NSW - 2.5 per cent salary increase in public health sector employee award - application of Industrial Relations (Public Sector Conditions of Employment) Regulation 2011 - whether decision of Commission reserved right to seek future variation of award - whether jurisdictional error. Legislation Cited: Industrial Commission Rules 1996 r 14 Industrial Relations Act 1996 s 16, s 17, s 146C Industrial Relations (Public Sector Conditions of Employment) Regulation 2011 reg 6 Supreme Court Act 1970 s 48, s 69 Cases Cited: Attorney General for State of NSW v Quin [1990] HCA 21; (1989) 170 CLR 1 Health Services Union v Director-General NSW Department of Health [2010] NSWIRComm 42; (2010) 193 IR 359 Category: Principal judgment Parties: Director-General, Department of Premier and Cabinet (Applicant) HSU East (First Respondent) Australian Salaried Medical Officers' Federation (NSW) (Second Respondent) Director-General Ministry of Health (Third Respondent) Industrial Relations Commission of New South Wales (Fourth Respondent) Representation: Counsel P Kite SC and M Easton (Applicant) A Moses SC and J Murphy (First and Second Respondents) Solicitors Crown Solicitors (Applicant) Slater and Gordon (First and Second Respondents) File Number(s): 2011/369602 Decision under appeal Citation: Health Employees Conditions of Employment (State) Award and other Awards [2011] NSWIRComm 129 Date of Decision: 2011-09-27 00:00:00 Before: Boland J, President, Haylen J, Connor C File Number(s): IRC 1159 of 2011 IRC 1178 of 2011 IRC 1179 of 2011 IRC 1180 of 2011 IRC 1181 of 2011 IRC 1182 of 2011 IRC 1183 of 2011 IRC 1184 of 2011 IRC 1185 of 2011 IRC 1186 of 2011 IRC 1187 of 2011 IRC 1188 of 2011 IRC 1189 of 2011 IRC 1190 of 2011 IRC 1191 of 2011 IRC 1192 of 2011 IRC 1193 of 2011 IRC 1194 of 2011 IRC 1195 of 2011 IRC 1196 of 2011 IRC 1197 of 2011 IRC 1198 of 2011 IRC 1236 of 2011 IRC 1237 of 2011