Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales and State of New South Wales, Director-General of the Department of Premier and Cabinet [2013] NSWIRComm 4

Industrial Relations Commission New South Wales Medium Neutral Citation: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales and State of New South Wales, Director-General of the Department of Premier and Cabinet [2013] NSWIRComm 4 Hearing dates: 05/02/2013 Decision date: 12 February 2013 Before: Backman J Decision: Subject to any further order of the Industrial Relations Commission of New South Wales, the Commission makes the following order: (1) No employee(s) shall be appointed on or before 29 March 2013 or such later date as may be ordered by the Commission for the position(s) of service centre manager at Lismore, Orange, Wagga Wagga, Tamworth, Dubbo, Port Macquarie, Tweed Heads South, Liverpool, Penrith, Parramatta, 19 York Street Sydney, Chatswood and/or Newcastle West and/or the position of contact centre manager at Newcastle with Service New South Wales. Catchwords: AWARD - Application for interim relief - application seeks to temporarily halt the recruitment process of management positions to Service NSW pending the hearing of its substantive application - relevant principles considered - whether prima facie case - balance of convenience - application for interim relief granted Legislation Cited: Industrial Relations Act 1996 Public Sector Employment and Management Act 2002 Cases Cited: ASMOF (NSW) (on behalf of Dr Wojtulewicz) v Director General of NSW Health Service (Children's Hospital at Westmead) [2008] NSWIRComm 229 Beecham Group Ltd v Bristol Laboratories Pty Ltd (1968) 118 CLR 618 Sydney Water Corporation v Australia Services Union (2005) 146 IR 388 Category: Interlocutory applications Parties: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (Applicant) State of New South Wales, Director-General of the Department of Premier and Cabinet (Respondent) Representation: Mr A Hatcher, SC (Applicant) Mr S Benson, of counsel (Respondent) W.G. McNally Jones Staff (Applicant) I.V. Knight Crown Solicitor Crown Solicitor's Office (Respondent) File Number(s): IRC 1270 of 2012