HSU east and Director-General, Department of Finance and Services [2012] NSWIRComm 112

Industrial Relations Commission New South Wales Medium Neutral Citation: HSU east and Director-General, Department of Finance and Services [2012] NSWIRComm 112 Hearing dates: 8 August 2012 Decision date: 15 October 2012 Before: Walton J Vice-President; Staff J; Tabbaa C Decision: Section 146C of the Industrial Relations Act 1996 and the Industrial Relations (Public Sector Conditions of Employment) Regulation 2011 operate in respect of cost savings achieved after 20 June 2011 Catchwords: AWARD - application by HSU for variation to 22 awards to increase salaries by 6 per cent - jurisdictional question - whether "employee-related cost savings" that were agreed and implemented prior to date of regulation precluded as "employee-related cost savings" from award making by the Regulation - consideration of the purpose and effect of s 146C of the Industrial Relations Act 1996 - consideration of the purpose and effect of the Industrial Relations (Public Sector Conditions of Employment) Regulation 2011 - held - s 146C and the Regulation when read as a whole operate in respect of cost savings achieved after 20 June 2011 being operative date of Regulation - s 146C of Industrial Relations Act 1996 - Industrial Relations (Public Sector Conditions of Employment) Regulation 2011, cl 6, cl 7, cl 8 and cl 9 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 Interpretation Act 1987 Public Sector Employment and Management Act 2002 Public Sector Employment and Management Amendment (Ethics and Public Service Commissioner) Act 2011 (repealed) Cases Cited: Australian Education Union v Department of Education and Children's Services [2012] HCA 3; (2012) 285 ALR 27 Board of Bendigo Regional Institute of Technical and Further Education v Barclay [2012] HCA 32 Director-General, Department of Premier & Cabinet v HSUeast [2012] NSWCA 111 Health Employees Conditions of Employment (State) Award and other Awards [2011] NSWIRComm 129 Public Service Association and Professional Officers' Association 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: Separate question Parties: HSU east (Applicant) Director-General, Department of Finance and Services (Intervenor) Australian Salaried Medical Officers' Federation (NSW) (First Respondent) Director-General, Ministry of Health (Second Respondent) Representation: Mr J Murphy (Applicant) Mr A Britt (Intervenor) Mr J Nolan (Intervenor) Mr M Easton (Respondent) HSU east (Applicant) Crown Solicitor's Office (Intervenor) Australian Salaried Medical Officers' Federation NSW (First Respondent) Director-General, Ministry of Health (Second Respondent) File Number(s): IRC 90 of 2011