Re Crown Employees (School Administrative and Support Staff) Award [2012] NSWIRComm 127

Industrial Relations Commission New South Wales Medium Neutral Citation: Re Crown Employees (School Administrative and Support Staff) Award [2012] NSWIRComm 127 Hearing dates: 29, 30, 31 October 2012 Decision date: 16 November 2012 Before: Boland J, President Decision: Application to vary in this matter is dismissed. Catchwords: AWARD VARIATION - Crown Employees (School Administrative and Support Staff) Award - Applicant sought variation to the Award to include employment protection provisions - Government recently promulgated policy for "Managing Excess School Administrative and Support Staff Employees" - Whether Industrial Relations Commission possesses jurisdiction to make award variation - Consideration of s 146C of Industrial Relations Act 1996 and Industrial Relations (Public Sector Conditions of Employment) Regulation 2011 - Held no jurisdiction to make award variations - Observations regarding long term temporary employees and consultation between parties - Application dismissed. Legislation Cited: Education (School Administrative and Support Staff) Act 1997 Employment Protection Act 1982 Industrial Relations Act 1996 Industrial Relations (Public Sector Conditions of Employment) Regulation 2011 Interpretation Act 1987 Public Sector Employment and Management Act 2002 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 1984 Termination, Change and Redundancy Case: (1984) 8 IR 34 and (1984) 9 IR 115 Westfield Holdings v Adams [2001] NSWIRComm 293; (2002) 114 IR 241 Category: Principal judgment Parties: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (Applicant) Department of Education and Communities (Respondent) Representation: Mr M Gibian of counsel (Applicant) Mr M Easton of counsel (Respondent) Mr N Keats (Applicant) Mr C Wollard (Respondent) File Number(s): IRC 775 of 2012