Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales and Department of Education and Communities [2013] NSWIRComm 32

Industrial Relations Commission New South Wales Medium Neutral Citation: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales and Department of Education and Communities [2013] NSWIRComm 32 Hearing dates: 7 February 2013 Decision date: 26 April 2013 Before: Walton J, Vice-President; Staff J; Backman J Decision: We make the following orders: (1) Leave to appeal is granted; (2) The appeal is dismissed. Catchwords: APPEAL - application to vary the Crown Employees (School Administrative and Support Staff) Award to provide conditions of employment for redundancy pay and notice of termination for school administrative and support staff - jurisdictional question - Commission required by s 146C of the Industrial Relations Act 1996 ("the Act"), when making or varying any award or order, to give effect to any policy on the conditions of employment of public sector employees declared by the regulations to be an aspect of Government policy - whether Commission's power to vary award excluded or constrained by the policy stipulated in cl 6(1)(f) of the Industrial Relations (Public Sector Conditions of Employment) Regulation 2011 - question of construction - principle of statutory construction - whether the "policy" to be given effect to by the Commission is the policy expressed in cl 6(1)(f) per se, or an extant policy regarding the management of excess public sector employees - found: cl 6(1)(f) precludes exercise of power otherwise residing in the Commission under the Act - leave to appeal granted - appeal dismissed Legislation Cited: Education (School Administrative and Support Staff) Act 1987 Industrial Relations Act 1996 Industrial Relations (Public Sector Conditions of Employment) Regulation 2011 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 Certain Lloyd's Underwriters Subscribing to Contract No IH00AAQS v Thelander [2012] HCA 56; (2012) 293 ALR 214 CIC Insurance Ltd v Bankstown Football Club Ltd [1997] HCA 2; (1997) 187 CLR 384; (1997) 141 ALR 618; (1997) 71 ALJR 312 Commissioner of Taxation v Consolidated Media Holdings Ltd [2012] HCA 55; (2012) 87 ALJR 98 Federal Commissioner of Taxation v Munro [1926] HCA 58; (1926) 38 CLR 153 Monis v The Queen [2013] HCA 4; (2013) 87 ALJR 340 New South Wales v The Commonwealth (Work Choices Case) [2006] HCA 52; (2006) 229 CLR 1 Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28; (1998) 194 CLR 355; (1998) 72 ALJR 841; (1998) 153 ALR 490 Public Service Association and Professional Officers' Association Amalgamated (NSW) v Director of Public Employment (2012) 293 ALR 450 Re Crown Employees (School Administrative and Support Staff) Award [2012] NSWIRComm 127 Visy Paper Pty Limited and Others v Australian Competition and Consumer Commission [2003] HCA 59; (2003) 216 CLR 1 Category: Principal judgment Parties: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (Appellant) Department of Education and Communities (Respondent) Representation: M Gibian of counsel (Appellant) M J Easton of counsel (Respondent) W.G. McNally Jones Staff (Appellant) Crown Solicitor's Office (Respondent) File Number(s): IRC 1210 of 2012 Decision under appeal Citation: Re Crown Employees (School Administrative and Support Staff) Award [2012] NSWIRComm 127 Date of Decision: 2012-11-16 00:00:00 Before: Boland J, President File Number(s): IRC 775 of 2012