Crown Employees (Police Officers - 2009) Award (No 3) [2012] NSWIRComm 120

Industrial Relations Commission New South Wales Medium Neutral Citation: Crown Employees (Police Officers - 2009) Award (No 3) [2012] NSWIRComm 120 Hearing dates: Written submissions 28 September 2012 Decision date: 02 October 2012 Before: Walton J, Vice-President; Staff J; Tabbaa C Decision: The Full Bench makes the following Orders: 1. The Crown Employees (Police Officers - 2009) Award is varied in terms of Schedule A, as amended, to Exhibit 168 of the proceedings; 2. The Crown Employees (Police Officers - 2011) Interim Award is rescinded. Catchwords: AWARD - variation to give effect to prior decision - wages varied - interim award rescinded Cases Cited: Crown Employees (Police Officers - 2009) Award (No 2) Category: Principal judgment Parties: Police Association of New South Wales (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: A A Hatcher SC with A Howell of counsel (Applicant) P Ginters of counsel (Respondent) Police Association of New South Wales (Applicant) Crown Solicitor's Office (Respondent) File Number(s): IRC 325 of 2012

Ex Tempore DECISION 1By its decision of 14 September last, the Full Bench determined Stage 1 of these proceedings: Crown Employees (Police Officers - 2009) Award (No 2) [2012] NSWIR Comm 104. 2The Full Bench directed the Police Association to file draft orders of variation to the Crown Employees (Police Officers - 2009) Award ('the award') to reflect the terms of that decision. 3Those orders were filed on 28 September 2012 accompanied by a written submission by Mr M Spring of the Police Association of New South Wales, communicating (in accordance with the Full Bench decision) the concurrence of the Commissioner of Police. (The Full Bench also received separate confirmation dated 28 September 2012 from the solicitor for the Commissioner.) Those documents were marked, respectively, Exhibits 168 and 169 in the proceedings. 4We are satisfied the proposed orders reflect our decision with respect to substantive variations to the award. It will also be necessary to make orders rescinding the Crown Employees (Police Officers - 2011) Interim Award. 5In the result, we vary the Crown Employees (Police Officers - 2009) Award in terms of Schedule A, as amended, to Exhibit 168 to these proceedings. 6We further order that the Crown Employees (Police Officers - 2011) Interim Award is rescinded. 7The proceedings are now being directed to the balance of the Association's claim in Matter No IRC 325 of 2011, hitherto described as 'Stage 2' of the proceedings.