Crown Employees (Public Sector - Salaries 2008) Award [2012] NSWIRComm 70

Industrial Relations Commission New South Wales Medium Neutral Citation: Crown Employees (Public Sector - Salaries 2008) Award [2012] NSWIRComm 70 Hearing dates: 7/06/2012 Decision date: 06 July 2012 Before: Backman J Decision: (1) The Crown Employees (Public Sector - Salaries 2008) Award is varied to provide increases to salaries and salary based allowances of 2.5 percent per annum with effect from the first full pay period on or after 1 July 2012. Catchwords: AWARD - Application by Public Service Association and Professional Officers' Association Amalgamated Union of NSW (PSA) for variation of Crown Employees (Public Sector - Salaries 2008) Award (2008 Award) to increase salaries by 2.5 per cent from 1 July 2012 - no dispute between parties that salaries should be increased by 2.5 per cent - PSA's application confined to a claim for a single increase of 2.5 per cent with effect from the first full pay period on or after 1 July 2012 - counter-proposal by Department seeks further increases in salaries and relevant allowances contingent upon realisation of employee-related costs savings and the making of a new Crown Employees (Public Service Conditions of Employment) Award (Conditions Award) - residual claim of PSA arising from earlier proceedings - whether residual claim forms "the subject of the proceedings" under reg 6(1)(d) of the Industrial Relations (Public Sector Conditions of Employment) Regulation 2011 (the 2011 Regulation) - ambit of "all issues the subject of the proceedings" - whether a requirement to include a no extra claims provision in the Award variation - whether increase of 2.5 per cent should be awarded by way of a variation of the 2008 Award or by making a new Award - Order made on 29 June 2012 varying the 2008 Award to provide increases to salaries and salary-based allowances of 2.5 per cent per annum with effect from the first full pay period on or after 1 July 2012 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 Cases Cited: Health Employees Conditions of Employment (State) Award and other Awards [2011] NSWIRComm 129 Public Service Association and Professional Officers' Amalgamated Union of NSW v Director of Public Employment [2011] NSWIRComm 143 Re Crown Employees (Public Sector - Salaries 2011) Award (No 3) [2011] NSWIRComm 104 Category: Principal judgment Parties: The Public Service Association and Professional Officers' Association Amalgamated Union of NSW (Applicant)