Crown Employees (Police Officers - 2009) Award (No 3) [2012] NSWIRComm 120
NSW Caselaw
Full text
Select any passage to save a personal note with optional tags.
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 The Crown Employees (Police Officers - 2011) Interim Award is rescinded.
Catchwords: AWARD - variation to give effect to prior decision - wages varied - interim award rescinded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.
**********
DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.
Decision last updated: 02 November 2012