Re Crown Employee (Household Staff - Department of Education and Training) Wages and Conditions Award [2012] NSWIRComm 85

Industrial Relations Commission New South Wales Medium Neutral Citation: Re Crown Employee (Household Staff - Department of Education and Training) Wages and Conditions Award [2012] NSWIRComm 85 Hearing dates: 28 June 2012; 1 August 2012 Decision date: 08 August 2012 Jurisdiction: Industrial Relations Commission Before: Boland J, President Decision: Application refused Catchwords: AWARD INTERPRETATION - Crown Employee (Household Staff - Department of Education and Training) Wages and Conditions Award - Applicant sought an interpretation supporting the current practice of household staff at Hurlstone Agricultural High School receiving stand down pay plus casual rates of pay for work performed during school vacation periods (recess) in connection with the use of school facilities by community groups or private organisations - Principles to be applied - Application opposed - Application refused - Held that inference to be drawn from relevant award provision is that unless it is necessary to stand down household staff during a period of recess such staff may be required to perform their normal work - Normal work includes work performed during the recess period that falls within the definitions in cl 5 of the Award regardless of whether the work is performed in connection with the use of the school's facilities by community groups or private organisations Legislation Cited: Constitution Act 1901 Education Reform Act 1990 Industrial Relations Act 1996 Interpretation Act 1987 Public Sector Employment and Management Act 2002 Cases Cited: Byrne & Frew v Australian Airlines Ltd [1995] HCA 24; (1995) 185 CLR 410 Con-Stan Industries of Australia Pty Ltd v Norwich Winterthur Insurance (Australia) Ltd [1986] HCA 14; (1986) 160 CLR 226 Director of Public Employment (by her agent the Commissioner of NSW Fire Brigades) and New South Wales Fire Brigades Employees' Union [2008] NSWIRComm 158; (2008) 180 IR 170 George A Bond & Co Ltd (in liquidation) v McKenzie [1929] 28 AR (NSW) 498 Hawkins v Clayton [1988] HCA15; (1988) 164 CLR 539 Produce Brokers Company Ltd v Olympia Oil & Cake Co Ltd [1916] 1 AC 31 Category: Principal judgment Parties: United Voice, New South Wales Branch (Applicant) Department of Education and Communities (Respondent) Representation: Ms E Brus of counsel (Respondent) Mr C Acev, Industrial Officer (Applicant) File Number(s): IRC 350 of 2012